VENKATESHACHARI v. STATE BY RAJANAKUNTE POLICE STATION

STATE BY RAJANAKUNTE POLICE STATION, REP. BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. (BY SMT.ANITHA GIRISH, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS), PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO. 10013/2024 ARISING IN (CR.NO.224/2023 DATED 18-09-2023) C.C.NO.12739/2023 REGISTERED BY THE RESPONDENT NO.1 RAJANKUNTE P.S. FOR THE ALLEGED OFFENCES UNDER SECTION 25 OF INDIAN ARMS ACT, AND SECTIONS 506(B), 397, 504, OF IPC, PENDING BEFORE THE HONBLE 4TH ADDL. DISTRICT AND SESSIONS JUDGE COURT, BENGALURU RURAL DISTRICT AT DODDABALLAPUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11083 CRL.P No. 677 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.10013/2024 pending before the Court of IV Additional District and Sessions Court, Doddaballapura, Bengaluru Rural District, arising out of Crime No.224/2023 registered by Rajanakunte Police Station, Bengaluru for the offences punishable under Section 397, 504, 506(B) read with Section 34 of IPC and Section 25 of the Indian Arms Act, 1959 is before this Court under Section 439 of Cr.P.C., seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.224/2023 was registered by Rajanakunte Police Station, Bengaluru against accused No.1 and petitioner herein initially for the offences punishable under Section 384, 504, 506(B) Read with Section 34 of IPC and Section 25 of India Arms Act, 1959, on the basis of the first information dated 18.09.2023 submitted by Chethan. H(CW-1).

The petitioner is said to have been arrested in the present case on 08.02.2024 and subsequently, remanded to judicial custody. His bail application filed before the Trial Court - 3 - NC: 2025:KHC:11083 CRL.P No. 677 of 2025 in S.C.No.10013/2024 was rejected on 30.08.2024 and therefore, he had approached this Court.

Learned Counsel for the petitioner submits that the accused No.1 has been granted regular bail by this Court in Crl. Pet. No.8012/2024 on 12.09.2024. The allegation of threatening the victim with deadly weapons is against accused No.1. Trial in the case is yet to commence. He submits that even if the allegations found in the first information as well as in the charge sheet is primaface presumed to be true, the alleged offence punishable under Section 397 of IPC cannot be made out against the accused. Accordingly, he prays to allow the petition.

Per contra, learned HCGP has opposed the petition. She submits that the petitioner is a person with criminal antecedents and therefore, his prayer needs to be rejected.

Allegations against accused No.1 and the petitioner herein is that on 18.09.2023 at about 6.45 pm., they had entered into a Bar and Restaurant situated at Hesaraghata, Yelahanka Taluk, wherein the first informant was working as a cashier and demanded to give them beer bottles. When the first - 4 - NC: 2025:KHC:11083 CRL.P No. 677 of 2025 informant asked for money, they allegedly threatened him with a long and when first informant’s friend Prajwal came to his rescue, the accused persons threatened him. At that time, some other customers entered the Bar and Restaurant and the accused persons ran out.