Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 87503 (KAR)

NARASIMHA MURTHY B.G. v. THE STATE OF KARNATAKA BY

CRL.P/15311/2025 · 2025-12-15

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53164 CRL.P No. 15311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15311 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NARASIMHA MURTHY B.G. AGED ABOUT 39 YEARS S/O GANGAIAH R/O BANNIKUPPE, HEBBURU HOBLI TUMKUR DISTRICT - 572 120. …PETITIONER (BY SRI TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HEBBURU POLICE STATION TUMKURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS ACCUSED No.5 IN CR.No.184/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 310(2) OF BNS 2023 REGISTERED BY HEBBURU POLICE STATION, TUMAKURU. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53164 CRL.P No. 15311 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 483 of BNSS praying to grant bail in Crime No.184/2025 of Hebbur Police Station, registered for the offence under Section 310(2) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the name of this petitioner is not mentioned in the FIR. There are no criminal antecedents of the petitioner. The only allegation against this petitioner is that he was talking with accused No.2. The alleged recovery of Rs.20,000/- is from the wife of this petitioner. There is no test identification parade conducted. With this, he prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:53164 CRL.P No. 15311 of 2025 4. Per contra, learned HCGP would contend that complainant in his further statement has stated that this petitioner was talking with accused No.2. There is recovery of Rs.20,000/- at the instance of this petitioner from his wife. Even in the voluntary statement of other accused, the role of this petitioner is that he was talking with accused No.2. Investigation is in progress. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The case of the complainant is that on 19.10.2025, at about 08.30 A.M. when he was travelling with his relatives from Hebbur to Shimoga in car, and when they were near Bannikuppe road, four unknown persons came in two bikes and committed Dacoity of Rs.3,10,000/- and gold ornaments from them and threatened them by showing knife. During investigation, the petitioner came to be arrested on 20.10.2025 and - 4 - HC-KAR NC: 2025:KHC:53164 CRL.P No. 15311 of 2025 since then he is in judicial custody. At this stage, no specific overt act is alleged against this petitioner, except he talking with accused No.2. There is only recovery of Rs.20,000/- from the wife of this petitioner, which is stated to be his share in the robbed amount. The petitioner is in judicial custody since 20.10.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Crime No.184/2025 of Hebbur Police Station, Tumakuru subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with - 5 - HC-KAR NC: 2025:KHC:53164 CRL.P No. 15311 of 2025 one surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall co-operate with the IO in further investigation. (iii) The petitioner shall not threaten the complainant or other prosecution witnesses either directly or indirectly. (iv) The petitioner shall attend the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. (v) The petitioner shall not involve in commission of any offence. If the petitioner is involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 4 Ct.sm