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High Court of Karnataka · body

2025 DAILYLAW 91144 (KAR)

SRINIVAS @ JADUSINU v. STATE BY

CRL.P/12205/2025 · 2025-11-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45429 CRL.P No. 12205 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12205 OF 2025 BETWEEN: SRINIVAS @ JADUSINU S/O LATE NAGARAJU, AGED 30 YEARS, R/AT NO.11, 1ST CROSS, INDIRANAGAR, BIDADI, RAMANAGARA-562 109. (PRESENTLY IS IN JC) …PETITIONER (BY SRI. HARI PRASAD N., ADVOCATE) AND: STATE BY JNANABHARATHI POLICE STATION, BENGALURU CITY. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.263/2024 (C.C.NO.30458/2024) FOR THE OFFENCE PUNISHABLE UNDER SECTION 120B,302,201 R/W 34 OF IPC ON THE FILE OF JNANABHARATHI P.S. PENDING ON THE FILE OF THE VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45429 CRL.P No. 12205 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail application filed before this Court by accused No.2. 2. FIR is registered against three to four unknown persons on a complaint lodged by one Prakash, Assistant Sub Inspector of Police, Jnanabharathi Police Station, for an offence punishable under Section 302 r/w 34 of IPC. On completion of investigation, charge sheet has been filed against accused Nos.1 to 3 for the offence punishable under Sections 120B, 302, 201 r/w 34 of IPC. 3. This Court vide order dated 24.02.2025 in Crl.P.No.305/2025, after considering the facts and circumstances of the case, dismissed the said petition preferred by the petitioner. It is now contended that the FIR was registered against unknown persons and even before the statements of the - 3 - HC-KAR NC: 2025:KHC:45429 CRL.P No. 12205 of 2025 alleged eyewitnesses namely CW2 to CW4 are recorded on 19.06.2024, petitioner was arrested on 17.06.2024. Hence, without showing the petitioner to the eye witnesses, the IO could not have arraigned him as an accused in this case. It is also contended that the petitioner is in judicial custody since 17.06.2024 and therefore, his bail application may be favourably considered. 4. Learned HCGP has opposed the prayer for bail contending that this Court has already taken into consideration the nature of allegations, conduct of the accused and the material collected and dismissed the prayer for bail. He therefore, sought to dismiss the petition. 5. It is seen from the material on record that after the bail petition was dismissed by this Court on 24.02.2025, petitioner has not filed any petition before the Sessions Court. The petitioner is at liberty to move the - 4 - HC-KAR NC: 2025:KHC:45429 CRL.P No. 12205 of 2025 Sessions Court afresh for bail and in that event, the learned Sessions Judge shall consider the bail application, without being influenced by the dismissal of his petition by this Court. Keeping open all the contentions to be raised before the trial Court, the petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DS CT:TSM List No.: 1 Sl No.: 7