Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7648 OF 2026 BETWEEN:
RAVI @ PALLA S/O SELVA R AGED ABOUT 29 YEARS R/A NO.128, 3RD CROSS CHOWDALYA BLOCK R.T. NAGAR, BANGALORE- 560032 PERMANENTLY R/A NO.10, 3RD CROSS GUDAPPA REDDY LAYOUT CHOLA NAYAKANAHALLI, HEBBAL BANGALORE - 560 024. …PETITIONER (BY MS. ABHINAYA K, ADV.) AND:
1.
STATE OF KARNATAKA REP. BY DJ HALLI P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, AMBEDKAR VEEDHI BANGALORE - 560001.
2.
MR. PREM J S/O LATE.JAISHEELAN AGED 38 YEARS R/AT NO.4, 1ST CROSS ADARSHA NAGAR R.T.NAGAR POST BANGALORE - 560 032. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE SHO D.J HALLI P.S. BENGALURU DIST. TO
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
RELEASE HIM ON ANTICIPATORY BAIL IN SPL.C.NO.124/2024 IN THE EVENT OF HIS ARREST, ARISING OUT OF CR.NO.162/2023 REGISTERED WITH D.J HALLI P.S. BENGLAURU DIST. AND NOW PENDING BEFORE THE HONBLE PRL.CITY CIVIL AND SESSIONS JUDGE BENGALURU FOR THE OFFENCE P/U/S 120B,109,114,302,201,204 R/W 34,36,37,149 OF IPC AND SEC.3(1),3(2),3(3),3(4) OF KCOCA, 2000 AND UNDER SEC.3(2)(v) OF SC/ST (POA) ACT 1989.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.9 in Special C.C.No.124 of 2024 pending before the court of Principal City Civil & Session Judge, Bengaluru arising out of Crime No.162 of 2023 registered by D.J. Halli police station, Bengaluru City for offences punishable under Sections 120B, 109, 114, 302, 201, 204 R/w 34, 36, 37, 149 of IPC, Sections 3(1), 3(2), 3(3), 3(4) of Karnataka Control of Organized Crimes Act, 2000 and Section 3(2)(v) of SC/ST (POA) Act, 1989 is before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.162 of 2023 was registered by D.J. Halli police station, Bengaluru City, initially for offences
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HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
punishable under Sections 302 R/w Section 34 of IPC against unknown persons on the basis of the first information dated 11.07.2023 received from respondent no.2 who is the elder brother of deceased Kapil. During the course of investigation of the case, petitioner herein was produced under body warrant before the committal Court on 05.08.2023 and on the said day, he was remanded to judicial custody. After completing investigation, charge sheet is filed against nine persons and petitioner is arraigned as accused no.9 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, he is before this Court.
4.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, in all the other criminal cases registered against the petitioner, he has been enlarged on bail. In the present case, he is in custody for the last 3 years. Trial in the case has not yet commenced. Allegation against the petitioner is about conspiracy. All other accused persons against whom similar allegations are found have been already released on bail. Accordingly, he prays to allow the petition. - 4 -
HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
5. Per contra, learned Additional State Public Prosecutor, who has opposed the petition submits that, petitioner is a person with criminal antecedents and he is a rowdy sheeter. He had conspired with the other accused persons to commit the murder of Kapil against whom he had ill- will. She submits that, in the event petitioner is enlarged on bail, the chances of he committing similar offences cannot be ruled out and he also may tamper with prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons after deceased Kapil, who was a rowdy Sheeter, was murdered on 11.07.2023 at about 08.00 p.m. near D-Mart at KHB road within the jurisdiction of D.J. Halli Police Station. After completing investigation, charge sheet is filed against nine persons. Allegation of assaulting deceased with deadly weapons on 11.07.2023 is found against accused nos.1 to 4. Accused no.3 is said to be a juvenile accused. According to the prosecution, deceased Kapil was a rowdy sheeter who was attempting to collect and hafta over the areas in which accused nos. 8 and 9, who are brothers, had control. - 5 -
HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
Therefore, there was a ill-will between Kapil and accused nos.8 and 9. 7. A few days prior to 11.07.2023 in the aforesaid background, Kapil had allegedly assaulted accused no.8. After coming to know about the same, accused no.9, who was in jail, had contacted accused no.6 over mobile phone and asked him to prepare to commit the murder of Kapil. Accordingly, accused nos.6, 8 and 9 thereafter conspired with accused no.5 to commit the murder of Kapil and an amount of Rs.3,00,000/- was accordingly paid in advance to accused no.5.
In furtherance of aforesaid conspiracy, accused nos.1 to 4 on instructions from accused no.5 had committed the murder of Kapil on 11.07.2023. All the assailants and the conspirators were arrested in the present case. Accused nos.5 to 9 are the alleged conspirators. Accused no.8 has been granted regular bail by this Court in Criminal Petition No.9921 of 2024 disposed of on 14.11.2024. Subsequently, accused nos.5 to 7 are said to have been granted regular bail by the Trial Court. - 6 -
HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
8.
Learned counsel for the petitioner has brought to the notice of this Court that in all other criminal cases, except the present case, the petitioner has been granted bail. The prosecution has cited 231 charge sheet witnesses in the present case and before the trial court, as on this date, not even charges are framed. Therefore, the chances of the trial being completed and case being disposed of on merits in the near soon is very remote. Considering the fact that all other accused persons with similar allegations have been granted bail in the present case and also taking into consideration the period of petitioner's incarceration, I am of the opinion that prayer for grant of regular bail needs to be answered affirmatively.
9. The Hon'ble Supreme Court in the case of PRABHAKAR TEWARI V STATE OF UTTAR PRADESH AND ANR - (2020) 11 SCC 648 has observed that, the antecedents of a person cannot be a sole reason to deny him a bail, if he is otherwise found to be entitled for the same. The apprehension expressed by learned Addl. SPP can be taken
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HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
care of by imposing the appropriate conditions. Under the circumstances the following:-
ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special C.C.No.124 of 2024 pending before the Court of Principal City Civil & Session Judge, Bengaluru arising out of Crime No.162 of 2023 registered by D.J. Halli police station, Bengaluru City for offences punishable under Sections 120B, 109, 114, 302, 201, 204 R/w 34, 36, 37, 149 of IPC, Sections 3(1), 3(2), 3(3), 3(4) of Karnataka Control of Organized Crimes Act, 2000 and Section 3(2)(v) of SC/ST (POA) Act, 1989, subject to the following conditions: a) The 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; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless
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HC-KAR
CNR: KAHC010366632026 NC: 2026:KHC:45022 CRL.P No. 7648 of 2026
the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
disposed off. f) The petitioner shall appear before the Station House Officer of D.J. Halli police station, on every second Sunday of the month and mark his attendance between 10 a.m. and 01 p.m, for a period of one year from the date of his release from custody.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 50