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2025 DAILYLAW 88542 (KAR)

VIKAS @ VIKKI @ PALAHALLI VIKKI v. STATE OF KARNATAKA

CRL.P/10624/2025 · 2025-09-15

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37042 CRL.P No. 10624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10624 OF 2025 BETWEEN: VIKAS @ VIKKI @ PALAHALLI VIKKI S/O LATE. DINESHA, AGED ABOUT 22 YEARS, R/AT PALAHALLI VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571606 …PETITIONER (BY SRI.TOMY SEBASTIAN, SR. ADV. FOR SRI. MAHESHA M., ADVOCATE) AND: STATE OF KARNATAKA BY, SHO, SRIRANGAPATNA TOWN PS, MANDYA DISTRICT REPTD.BY GOVT.PLEADER, HIGH COURT BUILDING, BENGALURU -560001 …RESPONDENT (BY MISS. ASMA KOUSER, ADDL.SPP FOR R1) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.206/2023 AND SC.NO.5023/2024 REGISTERED BY THE RESPONDENT IN SRIRANGAPATNA P.S., MANDYA, FOR THE OFFENCES P/U/S 143,148,114,120(B),302 R/W 149 OF IPC, PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, SITTING AT SRIRANGAPATNA, MANDYA. 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:37042 CRL.P No. 10624 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned senior counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. On a complaint lodged by one Pramoda, brother of deceased Vinoda @ Kunta Vinu, a case in Crime No.206/2023 was registered at Srirangapatna Police Station, Mandya, against 14 named accused and others for the offence punishable under Sections 143, 148, 114, 302 and 149 IPC. 3. It is alleged in the complaint that the accused have committed the murder of complainant's brother Vinoda @ Kunta Vinu, on 02.10.2023 at about 05.30 a.m., in front of Dasachar's land, near H.M. Resort, Palahalli Village, Srirangapatna Taluk, Mandya, assaulting him with lethal weapons. - 3 - HC-KAR NC: 2025:KHC:37042 CRL.P No. 10624 of 2025 4. Charge sheet is filed against 21 accused for the offence punishable under Section 143, 148, 114, 120B, 302 read with 149 IPC. Out of 14 accused named in the FIR, 8 accused were dropped while filing charge sheet. Petitioner, who is named as accused No.2 in the FIR, has been arraigned as accused No.6 in the charge sheet. He was arrested on 06.10.2023. He is in judicial custody. 5. As per prosecution, CW.1, CW.2 to CW.4 are the eyewitnesses to the incident. It is alleged that all the accused, on account of previous enmity, conspired to commit the murder of Vinod @ Kunta Vinu and in furtherance of the same, they traveled in different vehicles and attacked the deceased who was proceeding on a two wheeler, with lethal weapons and committed his murder. 6. As per charge sheet allegations, specific overt acts of assaulting the deceased are attributed against accused Nos.1 to 6. Undisputedly, accused Nos.2 to 5 are on bail. Accused Nos.2 and 11 are granted bail in Crl.P.No.9764/2025 c/w Crl.P.No.6004/2025 vide Order - 4 - HC-KAR NC: 2025:KHC:37042 CRL.P No. 10624 of 2025 dated 21.07.2025, accused No.3 in Crl.P.No.11150/2025 vide order dated 20.08.2025, accused No.4 in Crl.P.No.6884/2025 vide order dated 08.07.2025 and accused No.5 in Crl.P.No.6384/2025 vide order dated 16.06.2025 are granted bail. 7. Petitioner is in judicial custody for nearly 2 years. There are 45 witnesses cited in the charge sheet. Charges are not yet framed. Similarly, placed accused Nos.2 to 5 are enlarged on bail. Hence, on the ground of parity, petitioner is entitled for bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/Accused No.6 in SC No.5023/2024, on the file of the Court of III Additional District and Sessions Judge, Mandya (sitting at Srirangapatrna), in Crime No.206/2023 of Srirangapatna Police Staion, shall be enlarged on bail subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:37042 CRL.P No. 10624 of 2025 1. He shall execute a 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. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He 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 LDC List No.: 1 Sl No.: 35