Criminal Petition No. 4668 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.4668 OF 2025 BETWEEN: JAI KUMAR @ JAIKUMAR S/O VINCENT AGED ABOUT 31 YEARS R/AT NO.8, ANJANAPPA BUILDING NEAR ABDUL PETTY SHOP, CHURCH ROAD NAGAYANA PALYA, MS NAGARA POST BENGALURU-560 033. (BY SRI NARAYANA SWAMY M, ADVOCATE) AND:
Legal Reasoning
STATE BY INDIRANAGAR P S BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE- 560001. …PETITIONER
Legal Reasoning
…RESPONDENT (BY SRI RANGASWAMY.R, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED (483 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, (B.N.S.S) ACT OF 2023) UNDER SECTION 439 OF CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER WHO IS ACCUSED No.1 IN CRIME NO.151/2022, C.C No. 57743/2022, NOW IN S.C.No.2163/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 307, 302, 504, 506 R/W 34 OF IPC OF INDIRANAGAR P.S PENDING BEFORE THIS HONBLE COURT OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR 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 No.1 in S.C.No.2163/2022 pending before the Court of the XXVI Addl. City Civil and Sessions Judge (CCH-20), Bengaluru, arising out of Crime No.151/2022 registered by Indiranagar Police Station, Halasur Sub Division, Bengaluru City, for the offences punishable under Sections 341, 307, 504, 506 r/w Section 34 of the Indian Penal Code. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader. 3. FIR in Crime No.151/2022 was registered by Indiranagara Police Station , Bengaluru, for the offences punishable under Sections 341, 307, 504, 506 r/w Section 34 of the Indian Penal Code against the petitioner and others based on the first information dated 31.07.2022 received from injured victim Prakash, S/o Lakashmana, who subsequently died on 03.08.2022. Thereafter, offence punishable under Section 302 - 3 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR of the Indian Penal Code was invoked against the accused in the present case. 4. During the course of investigation, petitioner was arrested on 04.08.2022. After completing the investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.247/2024 which was rejected by the coordinate Bench of this Court on 24.06.2024. Subsequently, the material charge sheet witnesses were examined before the Trial Court and thereafter, a fresh bail application was filed by the petitioner before the Trial Court in S.C.No.2163/2022 which was rejected on 19.03.2025. Therefore, petitioner is before this Court in this petition. 5. Learned counsel for the petitioner submits that all the material witnesses, including the injured eye witness C.W.2 have turned hostile to the case of the prosecution. Petitioner who has no criminal antecedents is in custody from - 4 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR 04.08.2022. Accused Nos.2 and 3 have been granted bail. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition, however, does not dispute the submission made by the learned counsel for the petitioner. 7. FIR was registered based on the statement of the injured victim-Prakash C.W.1 who subsequently died on 03.08.2022. Alleged incident had taken place on 29.07.2022, but the first information was belatedly filed on 31.07.2022. During the course of investigation, petitioner herein was arrested on 04.08.2022 and after completing the investigation, charge sheet has been filed against three persons. C.W.2 –Sunil.R is said to be the injured eye witness in the present case. He has been examined as P.W.1 before the Trial Court. The said witness has been treated as hostile witness by the prosecution and though he was examined by the public prosecutor, nothing material has been elicited from his mouth. - 5 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR 8. Before the Trial Court, prosecution has till date examined 04 charge sheet witnesses as P.Ws.1 to 4 out of the 30 charge sheet witnesses cited in the present case. 9. According to the learned counsel for the petitioner, all the material charge sheet witnesses have been already examined before the Trial Court and said submission is not seriously disputed by the learned High Court Government Pleader. Petitioner has no criminal antecedents and he is in custody from 04.08.2022. Accused Nos.2 and 3 have already been enlarged on bail in the present case. 10. Considering the aforesaid aspects of the matter and also having regard to the period of imprisonment undergone by the petitioner, I am of the opinion that prayer for grant of bail has to be answered in the affirmative. 11. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.151/2022 of Indiranagara Police Station registered for the offences punishable under Sections - 6 - NC: 2025:KHC:19875 CRL.P No. 4668 of 2025 HC-KAR 341, 302, 307, 504, 506 r/w Section 34 of the Indian Penal Code, 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; 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 disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 39