Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7071 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN:
1. SRI. CHANDAN KUMAR,
S/O MOTILAL RAM, AGED ABOUT 20 YEARS, R/AT PRESENT BISHUNPUR, PATTI VILLAGE AND POST, SHAHABAGANZA POLICE STATION, MUJAFFARPUR, BIHAR. PERMANENT - BISHUNPUR, PATTI VILLAGE AND POST, SHAHABAGANZA POLICE STATION, MUJAFFARPUR, BIHAR. …PETITIONER (BY SRI.RANGANATH REDDY R., ADVOCATE) AND:
Digitally signed 1. STATE BY by SHARADAVANI THE STATION HOUSE OFFICE ANUGONDANAHALLI, B BANGALORE Location: High Court of REPRESENTED BY STATE PUBLIC PROSECUTOR, Karnataka HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO ORDER
THE PETITIONER TO BE ENLARGED ON BAIL IN CRIME NO.147/2024 REGISTERED BY ANUGONDANAHALLI POLICE, REGISTERED IN PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT WHICH IS NOW -2- PENDING AS SC NO.91/2025 FOR THE O/P/U/S 103(1) OF BNS ACT 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in S.C.No.91/2025 pending before the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.147/2024 registered by Anugondanahalli Police Station, Bengaluru for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.147/2024 was registered by
Anugondanahalli Police Station, Bengaluru, against the petitioner herein for the aforesaid offence, on the basis of the first information dated 08.11.2024 received from Siba -3- Pradhan son of Parabasi Pradhan, who is the cousin brother of deceased Fakir Jena.
4. During the course of investigation of the case,
petitioner herein was arrested on 01.12.2024 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offence. Bail application filed by the petitioner before the Trial Court in S.C.No.91/2025 was rejected on 22.04.2024. Therefore, petitioner is before this Court.
5. In the first information which is submitted by
Siba Pradhan, cousin brother of deceased Fakir Jena, he has stated that on 06.11.2024, he had received a phone call from Fakir Jena who informed him that on the night of 05.11.2024, he and his friend Chandan, who is the petitioner herein had quarreled against each other on the issue of a girl and Chandan allegedly stabbed him with a knife and thereafter, left the place. -4-
6. The first informant has further stated that
thereafter Fakir Jena, came to the place where he was residing and on 07.11.2024, since Fakir Jena had complained pain in his stomach at about 11.00 p.m., first informant had taken him to Narayana Hospital. Fakir Jena who was admitted in the said hospital, subsequently died on 08.11.2024. According to the first informant, injured - Fakir Jena had informed him on 06.11.2024 itself that Chandan had stabbed him on his stomach with a knife.
7. Charge sheet materials would go to show that
Fakir Jena was admitted in Narayana Hospital by the first informant and in the history given to the hospital at the time of admitting Fakir Jena, it is stated that assault was made by unknown person. Petitioner who has no other criminal antecedent is in custody from 01.12.2024. Investigation of the case is completed. The allegations made in the first information are required to be proved in a full fledged trial. Case of the prosecution is based on circumstantial evidence. Therefore, I am of the view that -5- the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.91/2025 pending before the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.147/2024 registered by Anugondanahalli Police Station, Bengaluru, for the offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
a) The petitioner shall execute 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 -6- 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; 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 his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 43