The High Court
Case Details
- 1 - NC: 2025:KHC:13811 CRL.P No.3840/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3840/2025 BETWEEN: 1. SRI. REDDAPPA S/O VENKATAPPA AGED ABOUT 33 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka 2. SRI. SREENIVAS S/O NARAYANAPPA @ CHIKKANARAYANAPPA AGED ABOUT 30 YEARS.
Legal Reasoning
3. SRI. NAGESH S/O VENKATAPPA AGED ABOUT 23 YEARS. 4. SRI. KARTHIK S/O NARAYANASWAMY AGED ABOUT 20 YEARS. 5. SRI. CHANGAPPA S/O VENKATESHAPPA AGED ABOUT 31 YEARS. 6. SRI. MARESH S/O NARAYANAPPA AGED ABOUT 31 YEARS. ALL THE PETITIONER ARE R/AT. K. SHETTYHALLI VILLAGE MULABAGILU TALUK KOLAR DISTRICT-563131. (BY SRI. NANJUNDA GOWDA M.R. ADV.,) …PETITIONERS - 2 - NC: 2025:KHC:13811 CRL.P No.3840/2025 AND: THE STATE OF KARNATAKA BY MULBAGAL RURAL POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. (BY SMT. PUSHPALATHA B, ADDL. SPP) …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.P.C. (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN SC.NO.227/2024 ARISING OUT OF CR.NO.183/2024 OF MULBAGAL RURAL P.S., AGAINST THE PETITIONERS, FOR THE OFFENCES P/U/S 189(2), 191(2), 191(3), 103(1), 126(2), 61(A), 49 R/W SEC. 190 OF BNS NOW PENDING ON THE FILE OF HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE AT KOLAR IN THE INTEREST OF JUSTICE. 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.3 to 8 in S.C.No.227/2021 pending before the Court of Principal District and Sessions Judge, Kolar arising out of Crime.No.183/2024 registered by Mulbagal Rural police station, Kolar for the offences punishable under Sections 189(2), 191(2), 191(3), 103(1), 126(2), 61(A), 49 r/w 190 of the Bharatiya Nyaya - 3 - NC: 2025:KHC:13811 CRL.P No.3840/2025 Sanhita (BNS), 2023 are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.183/2024 was registered by Mulbagal Rural Police Station, Kolar, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 109 and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 against Venkatappa and seven others based on the first information dated 29.07.2024 received from Manjunatha, who is the relative of deceased Munendra. During the course of investigation of the case, the petitioners herein were arrested on 04.08.2024 and subsequently remanded to judicial custody. After completion of investigation the charge sheet has been filed for the aforesaid offences against 9 persons. Petitioners herein are arrayed as accused Nos.3 to 8 in the charge sheet, their bail application filed before the jurisdictional - 4 - NC: 2025:KHC:13811 CRL.P No.3840/2025 Sessions Court in S.C.No.227/2021 was rejected on 16.01.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that there are no corresponding injuries with regard to the alleged assault by petitioners found on the body of the deceased. Allegations against accused Nos.1, 2, 4, 6 and 9 in the charge sheet are similar. The trial Court has granted bail to accused Nos.1, 2 and 9 and has rejected bail application of accused Nos.4 and 6. Petitioners do not have any criminal antecedent. 5. Per contra, learned Additional State Public Prosecutor has opposed the petition and submits that CW-2 is an eye witness in this case and specific allegation are proved against accused Nos.3 and 5. 6. Learned counsel for the petitioners in reply submits that petition as against accused Nos.3 and 5 may be dismissed as not pressed at this stage. - 5 - NC: 2025:KHC:13811 CRL.P No.3840/2025 7. Perusal of the material on record would go to show that there is a civil dispute between accused No.1 and CW-16 and in the said background it appears that the alleged incident had taken place on 29.07.2024, at about 6:30 p.m. In the said incident allegation of assaulting deceased with long on his head is against accused Nos.3 and 5. Post mortem report of deceased would go to show that there are corresponding injuries found on his head. Accused Nos.7 and 8 allegedly has assaulted deceased Munendra with a iron rod on his body. However, in the post mortem report there is no mention of any corresponding injuries found on the body of Munendra. Allegation against accused Nos.1, 2, 4, 6 and 9 is that they had assaulted Munendra with stones and bricks on his body. The Trial Court has granted regular bail to accused Nos.1, 2 and 9 as against whom allegations found in the charge sheet are similar to the allegations found against accused Nos.4 and 6. - 6 - NC: 2025:KHC:13811 CRL.P No.3840/2025 8. Under the circumstances, I am of the view that trial court has not justified rejecting the bail application of accused Nos.4, 6, 7 and 8. Accordingly the following:
Decision
ORDER The petition is partly allowed. The petition is dismissed as not pressed insofar it relates to accused Nos.3 and 5. The petition is allowed insofar as it relates to accused Nos.4, 6, 7 and 8 (petitioners No.2 and 4 to 6). The petitioners No.2 and 4 to 6 are directed to be enlarged on bail in S.C.No.227/2021 pending before the Court of Principal District and Sessions Judge, Kolar arising out of Crime.No.183/2024 registered by Mulbagal Rural police station, Kolar for the offences punishable under Sections 189(2), 191(2), 191(3), 103(1), 126(2), 61(A), 49 r/w 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: - 7 - NC: 2025:KHC:13811 CRL.P No.3840/2025 a) Petitioners No.2 and 4 to 6 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners No.2 and 4 to 6 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 No.2 and 4 to 6 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners No.2 and 4 to 6 shall not involve in similar offences in future; e) The petitioners No.2 and 4 to 6 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. ABK List No.: 1 Sl No.: 60 Sd/- (S. VISHWAJITH SHETTY) JUDGE