Criminal Petition No. 4918 of 2025 · The High Court
Case Details
Digitally signed by RUPA V Location: High Court of karnataka - 1 - NC: 2025:KHC:16919 CRL.P No. 4918 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.4918 OF 2025 BETWEEN: KRUSHNA CHANDRA SETHI ALIAS KRUSHNA CHANDRA SETHI S/O KRUPASINDHU SETHI AGED ABOUT 30 YEARS NO.37, 3RD CROSS, MAHESWARI NAGAR MAHADEVAPURA, BANGALORE 560067.
Legal Reasoning
(BY SRI. R.S. RAVI, SR. ADV., FOR SMT. BHAVYA N.G. ADV.,) AND: THE STATE BY MAHADEVAPURA POLICE STATION REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001. (BY SMT. PUSHAPALATHA B, ADDL. SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.P.C. (483 OF BNSS) PRAYING TO ALLOW THIS BAIL PETITION, ENLARGING THE PETITIONER/ACCUSED NO.1 REGULAR BAIL IN CRIME NO.423/2023 DATED 11.08.2023 REGISTERED BY THE MAHADEVAPURA POLICE STATION, NOW IN S.C.NO.1809/2023 ON THE FILE OF THE LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU FOR THE OFFENCES P/U/S 302, 376, 511 OF IPC. - 2 - NC: 2025:KHC:16919 CRL.P No. 4918 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 Accused in S.C.No.1809/2023 pending before the Court of LIII Additional City Civil and Sessions and Special Judge, Bengaluru arising out of Crime No.423/2023 registered by Mahadevapura Police Station, Bengaluru for the offences punishable under Sections 302, 376 and 511 of the Indian Penal Code, 1860, is before this Court under Section 439 of the Criminal Procedure Code, 1973, seeking regular bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.423/2023 was registered by Mahadevapura Police Station initially for the offences punishable under Sections 364, 302, 201 of the IPC and Sections 3(1)(r) and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, against unknown persons based on the information dated 11.08.2023 received from Saroja Uppar, wife of late Shivasharanappa Uppar. During the course of investigation of the case, petitioner herein was arrested on 11.08.2023 and after - 3 - NC: 2025:KHC:16919 CRL.P No. 4918 of 2025 completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in S.C. No.1809/2023 was rejected on 18.01.2024. Therefore, he is before this Court in this petition filed under Section 439 of Cr.P.C. 4. Learned Senior counsel for the petitioner submits that the petitioner has no criminal antecedents. The case of the prosecution is based on circumstantial evidence. All the material charge sheet witnesses have been already examined. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned Senior counsel. She, however, submits that in the event the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, prays to dismiss the petition. 6. The FIR in the present case was registered against unknown persons after the dead body of the deceased Mahananda was found outside the house of the first informant on 11.08.2023. During the course of investigation, the - 4 - NC: 2025:KHC:16919 CRL.P No. 4918 of 2025 petitioner herein was arrested on 11.08.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. As per the charge sheet allegations, on 10.08.2023 at about 7.30 p.m., petitioner who was residing in the house adjacent to the house of deceased Mahananda, had forcibly taken her inside his house and tried to have forcible sexual intercourse with her. However, Mahananda did not co-operate with him to have sexual intercourse. He therefore allegedly assaulted her and thereafter strangulated her neck and committed her murder. Subsequently, he placed the body of the deceased inside a plastic drum and at about 4.30 a.m. on 11.08.2023, he placed the drum with the dead body of the deceased outside the house of the first informant. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, the petitioner has no criminal antecedents and is in judicial custody for the last more than one year eight months. The prosecution has examined the material charge sheet witnesses as PW1 to PW6 before the Trial Court. A perusal of the charge sheet would go to show that totally 43 charge sheet witnesses have been cited. Since the material charge sheet witnesses are already - 5 - NC: 2025:KHC:16919 CRL.P No. 4918 of 2025 examined, there cannot be an apprehension that the petitioner may tamper with the material charge sheet witnesses. 7. Considering the aforesaid aspect of the matter and also taking into consideration the period of petitioner's incarceration, I am of the view that the prayer of the petitioner for grant of regular bail needs to be answered in the affirmative, without expressing any opinion on the merits and de-merits of the case. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1809/2023 pending before the Court of LIII Additional City Civil and Sessions and Special Judge, Bengaluru arising out of Crime No.423/2023 registered by Mahadevapura Police Station, Bengaluru for the offences punishable under Sections 302, 376 and 511 of the Indian Penal Code, 1860, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:16919 CRL.P No. 4918 of 2025 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE RV List No.: 2 Sl No.: 5