Criminal Petition No. 5697 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5697 OF 2025 BETWEEN: DEVARAJA @ BHUJANGI, S/O LATE GANGABORAIAH, AGED ABOUT 30 YEARS, R/O KOTE RAMESWARA EXTENSION, MAGADI TOWN, RAMANAGARA DISTRICT – 562 120. (BY SRI. A.N.RADHA KRISHNA., ADVOCATE) AND: …PETITIONER
Legal Reasoning
THE STATE OF KARNATAKA, BY MAGADI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.
Legal Reasoning
(BY SMT.RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …RESPONDENT THIS CRL.P. IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.264/2024 OF MAGADI POLICE, FOR THE OFFENCES P/U/S 103(1) OF BNS, 2023, PENDING IN SC.NO.10/2025 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.10/2025 pending before the III Additional District and Sessions Judge, Ramanagara arising out of Crime No.264/2022 registered by Magadi Police Station, for the offence punishable under Section 103(1) of BNS 2023 is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.264/2024 was registered by Magadi Police Station petitioner initially for the offences punishable under section 103(1) and 3(5) of BNS 2023 against the Petitioner and others based on the first information dated 18.10.2024 which was submitted by Smt. Dhanalakshmi (CW.1), who is the mother of deceased. 4. During the course of investigation of the case, Petitioner who was arrayed Accused No.1 was arrested on - 3 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR 19.10.2024 and subsequently, remanded to judicial custody. Bail application filed by the Petitioner before the Trial Court was rejected and therefore he has approached this Court. 5. FIR in the present case was registered against the Petitioner based on the first information received from the mother of the deceased Praveen i.e, CW1 - Smt.Dhanalakshmi on 18.10.2024. In the first information, she has stated that her son Praveen had gone out from their house at about 8.00 pm on 17.10.2024 along with one Thilak (CW2) and thereafter at about 11.00 pm, Praveen had returned home and when he was near the gate of the house, he received a phone call and thereafter he went back and did not return home. On 18.10.2024, at about 4.30 am, first informant-CW1 was informed by CW2 that Petitioner and others named in the FIR had assaulted Praveen and committed his murder. It is in this background, the first informant had approached the police on 18.10.2024. - 4 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR 6. During the course of investigation, Petitioner herein was arrested and after completing the investigation, charge sheet has been field against him. As per the charge sheet allegations, when the deceased Praveen was along with CW2, at about 11.15 pm on 17.10.2024, the Petitioner who had ill will against the deceased, came there along with his friends and after quarrelling with the deceased, allegedly assaulted him on his head with a bottle. As a result, Praveen fell down on the ground and the Petitioner allegedly assaulted him on his head with a brick and committed his murder. 7. According to CW1, her son had returned home at about 11.00 pm on 17.10.2024 and when he was near the gate of the house, he had received phone call and therefore, he had gone back again. Prosecution has failed to collect the material so as to find out the particulars of the call which deceased Praveen had received at about 11.00 pm on 17.10.2024. Though Praveen had gone out along with his friend CW2, he had returned home alone - 5 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR and according to the prosecution, after the Petitioner went back from his house at 11.00 pm, he had joined the company of his friend CW2 and at the said time, the Petitioner who came there quarreled with him and thereafter assaulted him and committed his murder. Though it is stated that first informant had received information from CW2 about the murder of her son, statement of CW2 has been belatedly recorded in the present case on 22.10.2024 belatedly. Even the statement of the other eyewitnesses who allegedly came to the spot when Petitioner was assaulting the deceased belatedly. Investigation of the case is completed and charge sheet has been filed. Petitioner who has no criminal antecedents is in custody for the last more than eight months. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner’s prayer for grant of regular bail is to be answered affirmatively. Accordingly, the following - 6 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR
Decision
ORDER The petition is allowed. The Petitioner is directed to be enlarged on bail in S.C.No.10/2025 pending on the file of III Additional District and Sessions Judge, Ramanagara arising out of Crime No.264/2022 registered by Magadi Police Station, for the offence punishable under Sections 103(1) of BNS 2023, 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; - 7 - NC: 2025:KHC:23603 CRL.P No. 5697 of 2025 HC-KAR 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 BSV List No.: 1 Sl No.: 33