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2025 DAILYLAW 80663 (KAR)

BHASKAR H C @ GUNDA v. STATE OF KARNATAKA

CRL.P/14212/2025 · 2025-11-11

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45795 CRL.P No. 14212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14212 OF 2025 BETWEEN: BHASKAR H. C. @ GUNDA, S/O CHANDRANAYAK, AGED ABOUT 30 YEARS, R/O. 637, 1ST FLOOR, 7TH C CROSS, VALLABHANAGARA, SYNDICATE BANK ROAD, DODDAKALLASANDRA, BENGALURU (PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: STATE OF KARNATAKA, BY SUBRAMANYAPURA P.S., REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. SPP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN S.C.NO.569/2020 ARISING OUT OF CRIME NO.149/2019 OF SUBRAMANYAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 201,302 OF IPC ON THE FILE OF THE LV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-56), BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45795 CRL.P No. 14212 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned Additional SPP for the State. Perused the material on record. 2. Petitioner is the sole accused in S.C. No.569/2020 pending before the Court of LV Additional City Civil and Sessions Judge (CCH-56), Bengaluru. 3. This petition is preferred praying to enlarge the petitioner on bail. 4. FIR is registered against unknown persons for the offence punishable under Sections 201 and 302 of IPC, on a complaint lodged by one Sri.Narayana.H.S, son of late Sanjeevaiah, regarding the murder of one Smt.Bhagyamma. The charge sheet came to be filed against the petitioner. It is alleged that the petitioner committed the murder by stabbing Smt.Bhagyamma with a knife on 05.05.2019 in the house situated at Vallabha - 3 - HC-KAR NC: 2025:KHC:45795 CRL.P No. 14212 of 2025 Nagar, Bengaluru, wherein they were allegedly residing together. 5. This Court vide order dated 22.11.2024 in Crl.P.No.9934/2024, disposed of the petition seeking bail, directing the trial Court to expedite the trial and reserved liberty to the petitioner to move the Sessions Court, if the trial was not concluded within a period of five months. 6. The above order was passed by this Court keeping in view that the petitioner was in custody for more than five years. Subsequent to which, the petitioner approached the Sessions Court seeking bail, however, his prayer has been dismissed by the learned sessions judge by an order dated 25.06.2025. 7. The entire case rests on circumstantial evidence. Though the charges are framed long back, so far trial is not concluded. As on today, the petitioner is in custody for six years six months. Further detention of the petitioner amounts to pre-trial conviction. Petitioner is said - 4 - HC-KAR NC: 2025:KHC:45795 CRL.P No. 14212 of 2025 to be a permanent resident of Kanakapura, Bengaluru. He has undertaken to furnish sufficient surety to ensure his presence before the trial Court. Considering the long incarceration of the petitioner, he can be admitted to bail by imposing suitable conditions. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in S.C.No.569/2020 pending on the file of LV Additional City Civil and Sessions Judge (CCH-56), Bengaluru arising out of Cr.No.149/2019 of Subramanyapura Police Station, shall be released on bail, subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. Petitioner shall furnish proof of his residential address and shall inform - 5 - HC-KAR NC: 2025:KHC:45795 CRL.P No. 14212 of 2025 the Court, if there is change in the address. 3. Petitioner shall not directly or indirectly tamper with the prosecution witnesses. 4. Petitioner shall not leave the jurisdiction of the trial Court, without prior permission of the Court. 5. Petitioner shall not indulge himself in committing any offence. 6. Petitioner shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DS CT:TSM List No.: 1 Sl No.: 10