Criminal Petition No. 6892 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6892 OF 2025 BETWEEN: 1. PRATHAP M S/O LATE MANJUNATH AGED ABOUT 23 YEARS R/AT NO.WARD NO.3 K.K. PETE, SHIDLAGHATTA TOWN CHIKKABALLAPURA DISTRICT - 562 101. 2. MANJUNATHA N S/O NAGABHUSHANACHARI AGED ABOUT 23 YEARS R/AT NO.150, 15TH CROSS MARAMMA TEMPLE ROAD BAGALAGUNTE, NAGASANDRA POST, BANGALORE - 560 062.
Legal Reasoning
and 2 are before this Court in this successive petition. 4. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents. The material charge sheet witnesses have been examined before the Trial Court and they have not supported the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioners. - 4 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR 6. FIR in the present case was registered against unknown persons for the aforesaid offences after the dead body of an unknown person was found by the first informant, who had reported the same to the police. During the course of investigation, accused Nos.1 and 2 were arrested on 16.10.2023 and thereafter, remanded to judicial custody. After completing investigation, charge sheet has been filed against them for the aforesaid offences. As per charge sheet allegations, accused Nos.1, 2 and CW3 - Ranjitha were childhood friends and accused No.1 was in love with CW3. Subsequently, it had come to the notice of accused No.1 that deceased Lokesh and CW3 were close to each other and they were exchanging messages over phone and therefore, accused No.1 allegedly warned Lokesh. Inspite of the same, Lokesh had continued his relationship with CW3 and therefore, accused Nos.1 and 2 decided to commit the murder of Lokesh and on 05.10.2023, they allegedly kidnapped him and thereafter, took him to an isolated place and after abusing him, assaulted him with their hands and legs. When Lokesh fell down on the ground, accused No.1 allegedly assaulted him with a stone on his head and as a result, Lokesh, who suffered head injury died - 5 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR at the spot. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.1 and 2, who have no criminal antecedents are in custody from 16.10.2023. CW2, who is the prime witness in the present case has been examined as PW4. Other three charge sheet witnesses have been examined PW1 to PW3. According to learned counsel for the petitioners, all the aforesaid witnesses have turned hostile to the case of the prosecution. Out of 48 charge sheet witnesses cited in the present case till date, only four witnesses have been examined. Considering the aforesaid aspects of the matter and also having regard to the fact that material charge sheet witnesses have been already examined, I am of the opinion that the prayer made by the petitioners, who have no other criminal antecedents needs to be answered affirmatively. Accordingly, the following order:- 7.
Arguments
(BY SRI PRASANNA RAO R, ADV.) AND: STATE BY MADANAYAKANAHALLI P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. (BY SMT. WAHEEDA M.M, HCGP) …PETITIONERS …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR CRIME NO.635/2023 OF RESPONDENT MADANAYAKANAHALLI POLICE STATION, REGISTERED FOR ALLEGED OFFENCE P/US/ 201,302 OF IPC 1860 PENDING ON THE FILE OF THE HONBLE 9th ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL IN S.C.NO.19/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in SC No.19/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.635/2023 registered by Madanayakanahally Police Station, Bengaluru, for the offences punishable under Sections 364, 302, 201 and 34 of IPC, are before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.635/2023 was registered by Madanayakanahally Police Station, Bengaluru, initially for the offences punishable under Sections 302 and 201 of IPC against unknown persons based on the first information dated 08.10.2023 received from Yallappa S/o late Subbaiah. During - 3 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR the course of investigation of the case, accused Nos.1 and 2 were arrested on 16.10.2023 and after completing investigation, charge sheet was filed against them for the aforesaid offences. Bail application filed by them before the jurisdictional Sessions Court was rejected. Accused No.1 had therefore approached this Court in Crl.P.No.4438/2024 which was dismissed as withdrawn on 12.11.2024 with liberty to file a fresh petition after examination of material charge sheet witnesses. Accused No.2 had approached this Court in Crl.P.No.2465/2024 which was dismissed on merits on 12.06.2024. It is under these circumstances, accused Nos.1
Decision
The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.19/2024 pending before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.635/2023 registered by Madanayakanahally Police Station, Bengaluru, for the offences - 6 - NC: 2025:KHC:20363 CRL.P No. 6892 of 2025 HC-KAR punishable under Sections 364, 302, 201 and 34 of IPC, subject to the following conditions: a) Petitioners 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; b) The petitioners 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 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN