Criminal Petition No. 4323 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4323 OF 2025 BETWEEN: SRI SEENA @ SRINIVASA K.N S/O NANJAPPA AGED ABOUT 36 YEARS R/AT KOTHAGEREPALYA KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT KARNATAKA - 572 130. (BY SRI SURYA MUKUNDARAJ L, ADV.) AND: 1. 2.
Legal Reasoning
THE STATE OF KARNATAKA BY KUNIGAL POLICE PS TUMAKURU DISTRICT REPRESENTED BY LD STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. GANGADHARAIAH S/O LATE RAMANNA AGED ABOUT 55 YEARS R/A BAGENAHALLI VILLAGE KOTHGERE HOBLI KUNIGAL TALUK TUMKURU - 572 1220. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENTS
Legal Reasoning
(BY SMT. N. ANITHA GIRISH, HCGP FOR R-1; SRI M.R. BALAKRISHNA, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.238/2024 REGISTERED BY THE KUNIGAL P S FOR OFFENCES P/U/S. 302, 201, 120(B) R/W 149 OF IPC, WHICH IS NOW PENDIGN ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN SC.NO.192/2024 FOR OFFENCE P/U/S. 302, 120B, 201, 149 OF IPC ON SUCH TERMS AND CONDITIONS. - 2 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.192/2024 pending before the Court of VI Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.238/2024 registered by Kunigal Police Station, Tumakuru District, for the offences punishable under Sections 302, 120B, 201, 149 IPC is 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.238/2024 was registered by Kunigal Police Station, Tumakuru District, initially for the offences punishable under Sections 279, 304A of IPC and Sections 134(a), 134(b) & 187 of the Indian Motor Vehicles Act, 1988, against unknown persons. During the course of investigation of the case, petitioner herein was arrested on 13.06.2024. After completing investigation, charge sheet has been filed against five persons. Petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the jurisdictional - 3 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 Sessions Court in Crl. Misc. No.1528/2024 was rejected on 07.10.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that accused nos.2 to 5 have been granted regular bail in the present case and only for the reason that petitioner was the driver of the vehicle which was involved in the incident, his bail application was rejected. He submits that none of the eye-witnesses to the incident in question have specifically named the petitioner as the driver of the offending vehicle. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned Counsel for the defacto complainant have opposed the petition. They submit that in the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. They also submit that petitioner had a strong motive to commit the murder of the deceased. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that accused nos.1 & 2 allegedly had a strong motive against the deceased and they had filed two separate complaints against him and his father. On the alleged date of incident, with a - 4 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 intention to cause the death of the deceased, accused no.1 who was driving the offending car bearing registration No.KA-06 Z 9298 had dashed his car against the motor cycle of the deceased in which he was travelling and after deceased fell down on the road, accused no.1 took the vehicle on the reverse side and again ran over his car on the deceased and committed his murder. Accused nos.2 to 4 were allegedly the inmates of the car and accused no.1 had allegedly received information about the location of the deceased from accused no.5. 7. Accused no.2 who also had a strong motive against the deceased and who was along with accused no.1 in the offending car has been granted regular bail by the coordinate bench of this Court in Crl.P.No.723/2025 disposed of on 19.02.2025. Accused no.5 has been granted regular bail by the coordinate bench of this Court in Crl.P.No.6427/2024 disposed of on 15.07.2024. None of the eye-witnesses to the incident in question have stated that it was the petitioner who was driving the offending car at the time of the alleged incident. According to the prosecution, accused nos.1 to 4 are the alleged inmates of the car at the time of the incident, and accused nos.1 & 2 are the persons who had motive to commit the murder. - 5 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 Accused no.2 has been granted regular bail by this Court. Undisputedly, petitioner has no criminal antecedents. He is in custody from 13.06.2024. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.192/2024 pending before the Court of VI Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.238/2024 registered by Kunigal Police Station, Tumakuru District, for the offences punishable under Sections 302, 120B, 201, 149 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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; - 6 - NC: 2025:KHC:17848 CRL.P No. 4323 of 2025 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 him is
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK