Harisha vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1698377
CourtKarnataka High Court
Decided OnMay-02-2025
Case NumberCRL.P/5765/2025
JudgeS Vishwajith Shetty
AppellantHarisha
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 2nd day of may, 2025 before the hon'ble mr justice s vishwajith shetty criminal petition no.5765 of 2025 between:1. harisha s/o krishnappa aged about 27 years r/at no.95, 11th cross bhovi palya, mahalakshmi layout, bangalore - 560 086.2. nandan @ puttas/o ramaswamy aged about 24 years r/at # 14th cross near water tank, bhovi palya mahalakshmilayout bengaluru - 560 086. …petitioners (by sri manjunath m.r, adv.) digitally signed and: by nandini d location: high the state of karnataka court of karnataka by mahalakshmipuram p.sbengaluru, rep. by state public prosecutor high court building bengaluru - 560 001. …respondent (by sri vinay mahadevaiah, hcgp) this crl.p is filed u/s 439 cr.pc (filed u/s 483 bnns) praying to enlarge them on bail in cr.no.149/2023 registred by mahalakshmipuram p.s., bengaluru for an offences p/u/s 341, 201, 364, 302 and 323 r/w 34 of ipc, pending on the file of the lxv addl. city civil and sessions judge bengaluru city(cch-66) in s.c.no.1561/2023. -2-this petition, coming on for orders, this day, orderwas made therein as under: coram: hon'ble mr justice s vishwajith shettyoral orderaccused nos.1 and 2 in s.c.no.1561/2023 pending before the court of lxv addl. city civil and sessions judge, bengaluru arising out of crime.no.149/2023 registered by mahalakshmipuram police station, bengaluru city for the offences punishable under sections 341, 201, 364, 302 & 323 r/w 34 of ipc are before this court under section 483 of bnss, 2023 seeking regular bail.2. heard the learned counsel for the parties.3. fir in crime.no.149/2023 was registered by mahalakshmipuram police station, bengaluru city for the aforesaid offences against the petitioners herein and others on the basis of the first information dated27.06.2023 submitted by sri manjunatha s/o rangaswami. during the course of investigation, the petitioners were arrested on 23.05.2023 and subsequently remanded to judicial custody. investigation in the case is -3- complete and charge sheet has been filed against five persons out of which accused nos.3 to 5 are juvenile accused.4. the bail application filed by the petitioners before the jurisdictional sessions court in s.c.no.1561/2023 was rejected on 26.03.2025. therefore, they are before this court.5. according to prosecution, on 21.05.2023 at about 12.00 a.m, near hot cafe within the jurisdiction ofmahalakshmipuram police station, when deceased santhosh was talking with cws.5 and 6, accused no.1, who had a vengeance against the deceased santhosh for having committed murder of his brother, came there along with accused nos.2 to 5 named in the charge sheet and after abusing the deceased santhosh, they allegedly assaulted him with deadly weapon and committed his murder. cws.5 and 6 are the alleged eye witnesses to the incident in question, who are now examined as pw.3 and pw.5 before the trial court. the alleged eye witnesses-4- have turned hostile to the case of the prosecution and though they are cross-examined by the public prosecutor nothing material has been elicited from their mouth, which is incriminating against accused nos.1 and 2. the petitioners are in custody for the last more than two years. out of the 36 charge sheet witnesses cited in the present case, till date only seven witnesses have been examined as pw.1 to pw.7. the material charge sheet witnesses have been already examined.6. considering the aforesaid aspects of the matter, i am of the opinion that the petitioner's prayer for grant of regular bail requires to be answered affirmatively.7. accordingly, the following:orderthe criminal petition is allowed. the petitioners are directed to be enlarged on bail in s.c.no.1561/2023 pending before the court of lxv addl. city civil and sessions judge, bengaluru arising out of crime.no.149/2023 registered by mahalakshmipuram -5- police station, bengaluru city for the offences punishable under sections 341, 201, 364, 302 & 323 r/w 34 of ipc, subject to the following conditions:a) the petitioners shall execute a personal bond for a sum of rs.1,00,000 (rupees one lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional court; b) the petitioners shall appear regularly on all the dates of hearing before the trial court unless the trial court exempts their appearance for valid reasons; c) the petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) the petitioners shall not involve in similar offences in future;sd/- (s vishwajith shetty) judge nms
Judgment:

-1-

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.5765 OF 2025 BETWEEN:

1. HARISHA S/O KRISHNAPPA AGED ABOUT 27 YEARS R/AT NO.95, 11TH CROSS BHOVI PALYA, MAHALAKSHMI LAYOUT, BANGALORE - 560 086.

2. NANDAN @ PUTTA

S/O RAMASWAMY AGED ABOUT 24 YEARS R/AT # 14TH CROSS NEAR WATER TANK, BHOVI PALYA MAHALAKSHMILAYOUT BENGALURU - 560 086. …PETITIONERS (BY SRI MANJUNATH M.R, ADV.) Digitally signed AND: by NANDINI D Location: HIGH THE STATE OF KARNATAKA COURT OF KARNATAKA BY MAHALAKSHMIPURAM P.S

BENGALURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.149/2023 REGISTRED BY MAHALAKSHMIPURAM P.S., BENGALURU FOR AN OFFENCES P/U/S 341, 201, 364, 302 AND 323 R/W 34 OF IPC, PENDING ON THE FILE OF THE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY(CCH-66) IN S.C.NO.1561/2023. -2-

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 Nos.1 and 2 in S.C.No.1561/2023 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru arising out of Crime.No.149/2023 registered by Mahalakshmipuram Police Station, Bengaluru City for the offences punishable under Sections 341, 201, 364, 302 & 323 R/w 34 of IPC are before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime.No.149/2023 was registered by Mahalakshmipuram Police Station, Bengaluru City for the aforesaid offences against the petitioners herein and others on the basis of the first information dated

27.06.2023 submitted by Sri Manjunatha S/o Rangaswami. During the course of investigation, the petitioners were arrested on 23.05.2023 and subsequently remanded to judicial custody. Investigation in the case is -3- complete and charge sheet has been filed against five persons out of which accused Nos.3 to 5 are juvenile accused.

4. The bail application filed by the petitioners before the jurisdictional Sessions Court in S.C.No.1561/2023 was rejected on 26.03.2025. Therefore, they are before this Court.

5. According to prosecution, on 21.05.2023 at about 12.00 a.m, near hot cafe within the jurisdiction of

Mahalakshmipuram Police Station, when deceased Santhosh was talking with CWs.5 and 6, accused No.1, who had a vengeance against the deceased Santhosh for having committed murder of his brother, came there along with accused Nos.2 to 5 named in the charge sheet and after abusing the deceased Santhosh, they allegedly assaulted him with deadly weapon and committed his murder. CWs.5 and 6 are the alleged eye witnesses to the incident in question, who are now examined as PW.3 and PW.5 before the Trial Court. The alleged eye witnesses

-4- have turned hostile to the case of the prosecution and though they are cross-examined by the public prosecutor nothing material has been elicited from their mouth, which is incriminating against accused Nos.1 and 2. The petitioners are in custody for the last more than two years. Out of the 36 charge sheet witnesses cited in the present case, till date only seven witnesses have been examined as PW.1 to PW.7. The material charge sheet witnesses have been already examined.

6. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner's prayer for grant of regular bail requires to be answered affirmatively.

7. Accordingly, the following:

ORDER

The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.1561/2023 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru arising out of Crime.No.149/2023 registered by Mahalakshmipuram -5- Police Station, Bengaluru City for the offences punishable under Sections 341, 201, 364, 302 & 323 R/w 34 of IPC, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future;

Sd/- (S VISHWAJITH SHETTY) JUDGE NMS