Criminal Petition No. 5930 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5930 OF 2025 BETWEEN: 1. VISHWANATHA S/O BASAVARAJAPPA (IN THE CHARGE SHEET NAME IS MENTIONED AS VISHWANATHA @ VISHWA) AGED ABOUT 38 YEARS OCC:AGRICULTURIST R/O KONANURU VILLAGE CHITRADURGA TALUK AND DISTRICT-577 541 2. PRASANNAKUMAR @ PRASANNA S/O BASAVARAJAPPA AGED ABOUT 37 YEARS OCC:AGRICULTURIST R/O KONANURU VILLAGE CHITRADURGA TALUK AND DISTRICT-577 541 3. NINGAPPA S/O CHIGATERAPPA AGED ABOUT 79 YEARS (IN THE CHARGE SHEET AGE MENTIONED AS 70 YEARS) OCC:AGRICULTURIST R/O KONANURU VILLAGE CHITRADURGA TALUK AND DISTRICT-577 541 4. BASAVARAJAPPA S/O CHIGATERAPPA AGED ABOUT 66 YEARS Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR OCC:AGRICULTURIST R/O KONANURU VILLAGE CHITRADURGA TALUK AND DISTRICT-577 541 …PETITIONERS
Legal Reasoning
(BY SRI. UMESH P.B, ADVOCATE FOR SRI. R.B.DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHARAMASAGARA POLICE STATION CHITRADURGA SUB-DIVISION CHITRADURGA DISTRICT-577 519 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001) …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CRIME NO.415/2024 OF BHARAMASAGARA POLICE STATION, CHITRADURGA DISTRICT CHARGE SHEETED FOR THE O/P/U/S 191(2), 191(3), 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) R/W 190 BNS, 2023 (CORRESPONDING PROVISIONS 147, 148, 504, 506(FORMER), 506 (LATTER). 302, 325, 307, 323, 326, 142, 144, 448 R/W 149 IPC 1860 NOW PENDING ON THE FILE OF 2ND ADDL.CIVIL JMFC COURT, CHITRADURGA) PENDING THE TRAIL. (JR.DN) AND JUDGE THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR ORAL ORDER Accused Nos.5, 7, 9 and 11 in Crime No.415/2024 registered by Bharmasagara Police Station, Chitradurga, for the offences punishable under Sections 191(2), 191(3), 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) R/W Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.415/2024 was registered by Bharmasagara Police Station, Chitradurga, initially for the offence punishable under Sections 103(2), 109(1), 115(2), 117(4), 118(1), 189(2), 191(2), 191(3), 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) R/W Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against petitioners herein and 14 others on the basis of first information dated 28.11.2024 received from Chandrappa who is one of the injured victim and the father of deceased Manjunatha. During the course of investigation of the case, the accused No.5 was arrested on 30.11.2024, accused - 4 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR No.7 was arrested on 28.11.2024, accused No.9 was arrested on 26.01.2025 and accused No.11 was arrested on 28.11.2024 and subsequently the said accused were remanded to judicial custody. 4. After completing investigation charge sheet is filed against fifteen persons and petitioners herein are arrayed as accused Nos. 5, 7, 9 and 11 in the charge sheet. 5. The bail application filed by the petitioners in Crl.Misc.No.301/2025 before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court. 6. Learned counsel for the petitioners having reiterated the grounds in the petition submits that this Court has granted regular bail to the accused Nos.6, 9, 13 and 2 named in the FIR though there are specific allegations of overt act even against the said accused and petitioners herein who have no criminal antecedents are entitled for bail on the ground of parity. Accordingly, he prays to allow the petition. - 5 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR 7. Per contra, learned HCGP has opposed the bail petition. She submits that all accused persons had strong motive to commit the crime and CW.1 and CW.2 who are the injured eye-witnesses are the parents of the deceased and they have made specific allegations against these accused. Accused who are granted regular bail in Crl.P.No.503/2025 are all ladies. Therefore, the Coordinate Bench had granted bail to the said accused and the ground of parity is not available to the petitioners herein as against whom specific allegations are made by the CW.1 and CW.2. Accordingly, she prays to dismiss the petition. 8. From the perusal of the FIR as well as the charge sheet, it is apparent that incident in question had taken place in the background of dispute with regard to marriage of deceased Manjunath with one Kumari Rakshita D/o accused Nos. 1 and 2 namely, Jagadeesh and Chandramma. Perusal of record would go to show that on the alleged date of incident the accused persons named in the charge sheet had entered the house of first informant and after assaulting first informant and his wife they had dragged their son -Manjunatha outside the house and - 6 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR had assaulted him with deadly weapons. In the incident Manjunatha who had suffered grievous injuries had died and CW.1 and CW.2 who are the parents of Manjunath had suffered grievous injuries. Statement of CW.1 and CW.2 would go to show that accused Nos.5, 7 and 11 have assaulted Manjunatha as well as the injured witnesses with weapons. Insofar as accused No.9 who is aged about 79 years is concerned, there is no specific allegation made against him by the injured victims. 9. As rightly contended by learned HCGP, the Coordinate Bench of this Court in Crl.P.No.No.503/2025 had granted regular bail to accused Nos. 6, 9, 13 and 2 named in the FIR for the reason that they are married ladies and bail application filed by other accused persons was rejected for the reason that there are specific allegations of overt act against them. The eye witnesses who are injured victims in the present case have clearly stated about specific role of accused Nos. 5, 7 and 11 who have assaulted the deceased and the victims with weapons. - 7 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR 10. Under the circumstances, I am of the opinion that prayer made by the accused Nos.5, 7 and 11 for grant of regular bail cannot be granted at this stage. So far as petitioner No.3/Accused No.9 is concerned, there is no specific allegation made against him by the injured eye witness and therefore, I am of the opinion prayer made by accused No.9 for grant of regular bail can be considered affirmatively. 11. Accordingly, the following:
Decision
ORDER The Criminal Petition is partly allowed. The Criminal petition is dismissed as against accused Nos.5, 7 and 11 are concerned and allowed insofar as the accused No.9 is concerned. The petitioner No.3/accused No.9 is directed to be enlarged on bail in Crime No.415/2024 registered by Bharmasagara Police Station, Chitradurga, for the offences punishable under Sections 191(2), 191(3), 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), - 8 - NC: 2025:KHC:18792 CRL.P No. 5930 of 2025 HC-KAR 189(4), 329(4) R/W Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a) Petitioner No.3/accused No.9 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner No.3/accused No.9 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 No.3/accused No.9 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner No.3/accused No.9 shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE RU, LIST NO.: 1 SL NO.: 55