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2025 DAILYLAW 83961 (KAR)

SURESH M S @ PAROTA SURI v. STATE OF KARNATAKA

CRL.P/10282/2025 · 2025-08-30

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33972 CRL.P No. 10282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10282 OF 2025 BETWEEN: SURESH M S @ PAROTA SURI S/O SRINIVAS, AGED ABOUT 24 YEARS, R/O C/O RAMANNA NO-45, 2ND MAIN, 3RD CROSS, MUNESHWARA LAGGERE, BENGALURU-560058 …PETITIONER (BY SRI. SYED AKBAR PASHA.,ADVOCATE) AND: STATE OF KARNATAKA RAJANUKUNTE POLICE STATION R/P BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY Ms. ASMA KOUSER., ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN S.C NO.10026/2021 REGISTERED BY THE RESPONDENT RAJANAKUNTE POLICE FOR THE O/P/US/ 397,109,114,411 OF IPC WHICH IS PENDING ON THE FILE LEARNED IV ADDL. DIST. AND SESSIONS JUDGE SITTING AT DODDABALLAPURA BENGALURU RURAL. 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:33972 CRL.P No. 10282 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. Petitioner, arraigned as accused No.3 was initially granted bail by learned Sessions Judge on 20.09.2023, but remained absent before the Trial Court and therefore, warrant was issued against him. Pursuant to the warrant, he was arrested on 17.03.2025 and presently in judicial custody. 3. FIR was registered against 4 unknown persons, in Crime No.166/2020 of Rajankunte Police Station, Bengaluru District, on a complaint lodged by one Smt. Nagarathna, for the offence Punishable under Section 392 of IPC. 4. It is alleged that on 24.12.2020, at about 01:45 p.m., when the complainant was proceeding on a two - 3 - HC-KAR NC: 2025:KHC:33972 CRL.P No. 10282 of 2025 wheeler along with one Anuradha, near Bheema lake road, Arakere village, 4 unknown persons followed them in two bikes and deliberately hit against her two wheeler and showing a chopper and threatening them, snatched the Mangalya chains they were wearing. 5. In the course of investigation, petitioner was arrested, however, Mangalya chains were not recovered from the petitioner. It is the case of prosecution that petitioner was riding one of the bikes. After his arrest, a pepper spray was recovered from him. 6. As already noted, petitioner was initially granted bail by the learned Sessions Judge. As he remained absent, he was secured under warrant and remanded to judicial custody on 17.03.2025. It is submitted by the learned counsel that, due to the ill health of petitioner, he could not appear before the Trial Court. - 4 - HC-KAR NC: 2025:KHC:33972 CRL.P No. 10282 of 2025 7. Learned Additional SPP contended that if the petitioner is enlarged on bail, he will once again abscond and there will be further delay in trial. 8. Considering that the petitioner was granted bail initially and as there is no recovery of Mangalya chain from him and also considering that he has no criminal antecedents, relief sought in the petition can be granted, imposing stringent conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.3 in Crime No.166/2020 of Rajankuntae Police Station, pending in S.C.No.10026/2021 on the file of the Court of IV Additional District and Sessions Judge, sitting at Doddaballapura, Bengaluru Rural, shall be released on bail, subject to following conditions: a) He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 5 - HC-KAR NC: 2025:KHC:33972 CRL.P No. 10282 of 2025 only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall mark his attendance before Rajankunte Police Station on every Sunday between 10:00 a.m. and 01:00 p.m. for a period of 3 months. c) He shall furnish proof of his residential address and shall inform the Court/IO, if there is change in the address. d) He shall not directly or indirectly tamper with the prosecution witnesses. e) He shall not indulge himself in committing any offence. f) He shall appear before the trial Court regularly on all dates of hearing. Violation of any of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 27