Criminal Petition No. 5934 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17983 CRL.P No. 5934 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. 5934 OF 2025 BETWEEN: 1. SOMESH R @ SOMASHEKAR S/O ANNAYYAPPA @ RAMESH AGED ABOUT 33 YEARS R/O BANTANAHALLI VILLAGE MALUR TALUK, KOLAR DISTRICT PERMANENT ADDRESS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR - 563130. 2. VENKATESH S/O LATE PILLAPPA AGED ABOUT 32 YEARS PERMANENT ADDRESS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR - 563 130 PERMANENT ADDRESS MANGAPURA VILLAGE KASABA HOBLI MALUR TALUK - 563 130.
Legal Reasoning
3. SMT. ANJINAMMA W/O ANNNAYYAPPA @ RAMESH AGED ABOUT 53 YEARS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK KOLAR - 563 130. 4. SMT. BHAGYALAKSHMI @ BYAGYAMMA W/O. VENKATESH AGED ABOUT 24 YEARS PADAVANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17983 CRL.P No. 5934 of 2025 KOLAR - 563 130 PERMANENT ADDRESS MANGAPURA VILLAGE KASABA HOBLI, MALUR TALUK. 5. SURYA S/O MANI AGED ABOUT 24 YEARS R/O. NO.2/146, KALANURUKOTTAI GENGUSHETTIPATTI VILLAGE PATLAMPATTI POST, PALKADU TALUK DHARMAPURI DISTRICT TAMILNDAU - 636 701. (BY SRI ANAND R.V, ADV.) AND: STATE OF KARNATAKA REP BY SUB INSPECTOR MALUR POLICE STATION MALUR TALUK, KOLAR DISTRICT -563 130 REP.BY STATE PUBLIC PROSECUTOR OFFICE ATTACHED TO HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. (BY SMT. N. ANITHA GIRISH, HCGP) …PETITIONERS …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON REGULAR BAIL IN CRIME NO.88/2025 (MALUR POLICE STATION, KOLAR DISTRICT) FOR THE OFFENCE P/US/ 189(2),191(3),118(1),109,103(1),190 OF BNSS 2023 SAME IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT AT MALUR. 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:17983 CRL.P No. 5934 of 2025 ORAL ORDER 1. Accused Nos.3, 6 to 8 and 12 in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, are 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.88/2025 was registered by Malur Police Station, Kolar, for the aforesaid offences against Annayappa and others based on the first information dated 20.03.2025 received from Earappa S/o late Munirappa, who is one of the injured victims in the present case. During the course of investigation, petitioners herein were arrested on 20.03.2025 and in their remand application, they are arraigned as accused Nos.3, 6 to 8 and 12 respectively. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.240/2025 was rejected as against them on 16.04.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that omnibus allegations are made against all the accused persons. As - 4 - NC: 2025:KHC:17983 CRL.P No. 5934 of 2025 against petitioners, allegation is that they had stopped the borewell lorry on the evening of 19.03.2025 and there is no serious allegation against them in respect of the incident in question that had taken place subsequently in the mid-night of the intervening night of 19.03.2025 and 20.03.2025. He submits that petitioners have no other criminal antecedents and that they are ready and willing to cooperate with the police for the purpose of investigation. 5. Per contra, learned HCGP has seriously opposed the petition. He submits that in the incident in question, one person had died and three other persons have suffered grievous injuries. Petitioners have committed heinous offence and investigation is under progress. Accordingly, she prays to dismiss the petition. 6. A perusal of the first information would go to show that there is a property dispute between the two parties and on 19.03.2025 at about 06.45 p.m. when the borewell lorry was on its way to the property of the first informant, accused No.1 and his family members allegedly stopped the said lorry for the reason that the said lorry had damaged the standing crop in - 5 - NC: 2025:KHC:17983 CRL.P No. 5934 of 2025 the property of accused No.1. Thereafter, the borewell lorry was taken to the property of the first informant through a different road and they had parked the borewell lorry in their property and had slept near by. At about 01.00 a.m. on the intervening night of 19.03.2025 and 20.03.2025, accused persons named in the FIR allegedly came in three cars and drove the said cars on the first informant and others, who were sleeping in the said property and in the said incident, one person has died and three others have suffered grievous injuries. 7. A perusal of the first information would go to show that allegation as against accused Nos.7 and 8, who are married ladies is that they had stopped borewell lorry at about 06.45 p.m. on 19.03.2025. There is no specific role attributed to these ladies to the subsequent incident that had taken place at about 01.00 a.m. Learned HCGP has submitted that allegation of driving offending cars is found against accused No.2 and 5 and other accused persons were allegedly inmates in the said car. Accused Nos.7 and 8 are married ladies, who are in custody from 20.03.2025. Considering the fact there is no specific overt act as against them in the alleged that had taken - 6 - NC: 2025:KHC:17983 CRL.P No. 5934 of 2025 place at about 01.00 a.m. in the mid night of 19.03.2025 and 20.03.2025 and also taking into consideration the Proviso to Section 480(1) of BNS, 2023, I am of the opinion that the prayer made by accused Nos.7 and 8 for grant of regular bail can be considered at this stage and the prayer made by other accused persons for grant of regular bail cannot be considered at this stage since investigation of the case is still under progress. Accordingly, the following order:- 8. The petition is partly allowed. The petition insofar as petitioners/accused Nos.7 and 8 is allowed. The petition insofar as accused Nos.3, 6 and 12 is dismissed. 9. The petitioners/accused Nos.7 and 8 are directed to be enlarged on bail in Crime No.88/2025 registered by Malur Police Station, Kolar, for the offences punishable under Sections 103(1), 109, 118(1), 189(2), 190 and 191(3) of BNS, 2023, subject to the following conditions: a) Petitioners/accused Nos.7 and 8 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:17983 CRL.P No. 5934 of 2025 b) The petitioners/accused Nos.7 and 8 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners/accused Nos.7 and 8 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners/accused Nos.7 and 8 shall not involve in similar offences in future; e) The petitioners/accused Nos.7 and 8 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case
Decision
registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN