Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5055 OF 2025 BETWEEN: PRAKASH S/O SADAPPA, AGED ABOUT 36 YEARS, RESIDING AT LAKSHMAYYA LAYOUT, NEAR BETHEL SCHOOL, VIJINAPURA - 560 016 …PETITIONER (BY SRI. K.B.K SWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA BY RAMAMURTHY NAGARA POLICE STATION, BENGALURU CITY - 560102, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001
Digitally signed …RESPONDENT by NANDINI D (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) Location: HIGH COURT OF THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) KARNATAKA PRAYING TO RELEASE HIM ON BAIL IN CONNECTION WITH S.C NO.212/2025 (CRIME NO.445/2024) REGISTERED BY RAMAMURTHY NAGAR POLICE STATION, BENGALURU FOR THE O/P/U/S 61(1), 3(5), 103(1), 49 OF BNS, PENDING ON THE FILE OF HONBLE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAY HALL, BENGALURU (CCH-22). -2-
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.3 in Crime No.445/2024 registered by Ramamurthy Nagar Police Station, Bengaluru, for offences punishable under Sections 61, 103(1), 49 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.445/2024 was registered by
Ramamurthy Nagar Police Station, Bengaluru for the offences punishable under Sections 103(1), 49, 190 of BNS against Gopal Reddy and others on the basis of the first information dated 02.08.2024 received from Smt. Sudha.D - wife of the deceased - Babu Reddy.
4. During the course of investigation of the case, petitioner herein who was arrayed as accused No.3 in the FIR was arrested and subsequently, remanded to judicial custody. -3-
Bail application filed by the petitioner in Crl.Mis.No.25193/2025 before the Jurisdictional Sessions Court was rejected on 28.03.2025. Therefore, the petitioner is before this Court.
5. Learned counsel for the petitioner having reiterated
the grounds urged in the petition submits that petitioner has no criminal antecedents. Allegation in the first information against him is that, he had instigated accused Nos. 1 and 2 to commit the murder of deceased -Babu Reddy and in further statement
of the alleged eye-witness, allegation is made that he had held
the legs of deceased-Babu Reddy so as to enable accused Nos.1 and 2 to assault him. Investigation of the case is competed and charge sheet is filed. Accordingly, prays to allow the petition.
6. Per contra, learned Additional SPP has opposed the
petition. She submits that there are four eye-witnesses in the present case and who are cited as CWs.2, 3, 10 and 13 in the present case. Accused persons had strong motive to murder the deceased. Accordingly, she prays to dismiss the petition.
7. First informant in the present case is the wife of deceased - Babu Reddy. It appears that there was certain -4-
property dispute between the family members of deceased - Babu Reddy. Accused No.1 is the brother-in-law of the deceased and accused No.2 is the son of the elder brother of
the deceased. In the first information, it is averred that the first informant was informed by Smt. Kousalyamma - mother of deceased that deceased - Babu Reddy was assaulted with deadly weapons by accused Nos. 1 and 2 and accused No.3 and others persons present at the spot of the crime allegedly instigated accused Nos. 1 and 2 to commit the murder of Babu Reddy. Accused Nos. 1 and 2 who are arrested in the case are in judicial custody. In the statement of the alleged eye-
witnesses namely CW-2-Smt.Kousalyamma and 3 others CWs.3, 10 and 13, an allegation is made against the petitioner /accused No.3 that he had held the legs of the deceased - Babu Reddy so as to enable accused Nos. 1 and 2 to assault him with deadly weapons and commit his murder. Such an allegation was not found in the first information which was registered based on the information given by the alleged eye-witnesses CW-2-Smt. Koushalyamma. Undisputedly, petitioner who is
arrayed as accused No.3 has no criminal antecedents. Investigation of the case is completed and the charge sheet is -5- filed. Under such circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.445/2024 registered by Ramamurthy Nagar Police Station, Bengaluru, for offences punishable under Sections 61, 103(1), 49 read with Section 3(5) of BNS, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; -6-
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. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 0