Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7042 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: MR. DEVENDRA NAYAK SON OF GOPAL NAYAK, AGED ABOUT 27 YEARS, RESIDING AT NO.3/61, NARAYANAPURAM THANDA, RAMAKUPPA MANDAL, KUPPAM TALUK, CHITTOR DISTRICT, ANDHRA PRADESH - 517 401. …PETITIONER (BY SRI. RAJANNA B C., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HALASUR POLICE STATION, BENGALURU - 560 008. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX,
Digitally signed by BENGALURU - 560 001. SREEDHARAN BANGALORE SUSHMA LAKSHMI …RESPONDENT Location: High Court of (BY SMT. WAHEEDA M M., HCGP) Karnataka THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.75/2022 S.C NO.1421/2022 OF HALASUR POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 120B, 302 R/W SECTION 34 OF IPC, WHICH IS PENDING ON THE FILE OF HON'BLE XXVIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL (CCH-29), BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH -2-
ORDER
This petition is filed by the petitioner/accused No.3 seeking for regular bail in Crime No.75/2022 registered by the Halasur Police Station for the offence punishable under Section 302 of IPC. Brief facts of the case:
2. The case of the prosecution is that, FIR in Crime No.75/2022 came to be registered by Halasur Police Station, Bengaluru, initially for the offence punishable under Section 302 of IPC against unknown person.
3. During investigation, the petitioner was arrested on
14.04.2022. Subsequently, he was remanded to judicial custody. The investigation has been completed and the charge sheet has been submitted against five persons. The petitioner is arrayed as accused No.3 in the charge sheet. Bail application filed by the petitioner in Crl.Mis.No.25263/2025 before the jurisdictional Sessions Court was rejected on 19.04.2025. Therefore, the petitioners are before this Court.
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4. Heard Sri Rajanna B.C, learned counsel for the petitioner and Smt Waheeda M M, learned High Court Government Pleader for the respondent/State.
5. It is the submission of the learned counsel for the
petitioner that, the petitioner is arrayed as accused No.3. Similarly placed accused, namely accused Nos.4 and 5, have been granted bail by the Co-ordinate Bench of this Court in Crl.P.4883/2025. Since the petitioner stands on the same footing, he may be enlarged bail on the ground of parity. Making such submissions, she prays to allow the petition.
6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and she prays to dismiss petition.
7. Having heard the learned counsel for the respective
parties and also perused the averments of the charge sheet, it appears that, during the course of investigation, five persons were arrested and after completing investigation, charge sheet has been filed against them for the aforesaid offence. In the charge sheet, it is alleged that accused No.1 was working with -4- the deceased - Zyud Theddaus and he had conspired with accused No.2 to 5 to commit the murder of the deceased.
8. On the alleged date of incident, accused Nos.2 to 5
had entered into the house of deceased and had committed his murder and thereafter they had escaped from the spot along with sum of Rs.4,000/- and also mobile phone of the deceased.
9. The entire case of prosecution is based on
circumstantial evidence. Therefore, it is appropriate to grant bail on parity. Having considered the submission and also perused the charge sheet and as well as the order passed by the Co-ordinate Bench of this Court,.
10. Hence, I proceed to pass the following:
ORDER
i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.75/2022 of the respondent - Police, pending on the file of the XXVIII Additional City Civil and Sessions Judge, Mayohall (CCH-29), Bengaluru, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for -5- the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not threaten nor tamper the prosecution witnesses. c) The Registry is directed to communicate this
order to the Trial Court forthwith.
d) The Trial Court shall act upon the said operative portion and take necessary steps to issue release order after taking surety and also personal bond. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SMC List No.: 1 Sl No.: 49 CT:SK