Criminal Petition No. 7120 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 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. 7120 OF 2025 C/W CRIMINAL PETITION NO.7090 OF 2025, 7115 OF 2025 IN CRL.P No. 7120/2025: BETWEEN: SRI DHARSHAN K.P @ DARSHAN K.P S/O K.G. PREM SUNDAR ALIS PREM SUNDAR AGED 35 YEARS NOW R/O PILLEKERENAHALLI VILLAGE, BEHIND SRS COLLEGE CHITRADURGA - 577 501 PERMANENT R/AT GOPALPURA ROAD CHITRADURGA TOWN - 577 501. (BY SRI SAMEER S.N, ADV.) AND: …PETITIONER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
STATE BY CHITRADURGA TOWN POLICE CHITRADURGA TOWN POLICE REPRESENTED BY HIGH COURT OF KARNATAKA, STATE PUBLIC PROSECUTOR BENGALURU - 560 001. …RESPONDENT
Legal Reasoning
(BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.64/2025 (PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHITRADURGA DISTRICT) REGISTERED BY THE CHITRADURGA TOWN POLICE STATION FOR THE OFFENCE P/US/ 316(2),318(2),316(5),318(4) R/W SEC.3(5) OF BNS 2023 - 2 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR IN CRL.P NO. 7090/2025: BETWEEN: SRI MAHESH BABU C S/O CHANDRANNA AGED ABOUT 37 YEARS LAXMI JEWELLARY WORKS DYAMALAMBA COMPLEX NEAR RAGHAVENDRASWAMY TEMPLE, CHIKKAPETE CHITRADURGA TOWN NOW R/O BURUJANAHATTI NEAR SIDDARAMESHWARA TEMPLE, CHITRADURGA - 577 501 PERMANENT R/O NEAR BEDARA KANNAPPA TEMPLE, KELAGOTE CHITRADURGA TOWN - 577 501. ...PETITIONER (BY SRI SAMEER S.N, ADV.) AND: STATE BY CHITRADURGA TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. (BY SMT. WAHEEDA M.M, HCGP) ...RESPONDENT THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.64/2025 RESPONDENT CHITRADURGA TOWN P.S., FOR THE OFFENCES P/U/S 316(2),18(2),316(5),318(4) R/W 3(5) OF BNS ACT, PENDING BEFORE THE HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC, CHITRADURGA. REGISTERED THE BY IN CRL.P NO. 7115/2025: BETWEEN: SRI NITHISH R S/O RAMESH AGED ABOUT 29 YEARS AUTO DRIVER BY PROFESSION - 3 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR R/O NEAR VASAVI SCHOOL CHITRADURGA TOWN AND DISTRICT - 577 501. (BY SRI SUYOG HERELE E, ADV.) AND: THE STATE OF KARNATAKA THROUGH CHITRADURGA TOWN POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. (BY SMT. WAHEEDA M.M, HCGP) ...PETITIONER ...RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.64/2025 (PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHITRADURGA DISTRICT) REGISTERED BY THE CHITRADURGA TOWN POLICE STATION FOR THE OFFENCE P/US/ 316(2),318(2),316(5),318(4) R/W SEC.3(5) OF BNS 2023. THESE PETITIONS, 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 to 3 in Crime No.64/2025 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 316(2) and 318(2) of BNS, 2023, - 4 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR are before this Court in these three petitions seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.64/2025 was registered by Chitradurga Town Police Station, Chitradurga, for the aforesaid offences against Darshan based on the first information submitted by Shwetha, W/o late Mahaveer Kumar. During the course of investigation, accused Nos.1 and 2 were arrested on 19.04.2025 and accused No.3 was arrested on 23.04.2025. Arrested accused were subsequently remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.508/2025 and Crl.Misc.No.507/2025 were rejected on 08.05.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners do not have any criminal antecedents and they are in custody for the last more than one month. Major portion of the investigation in the case is completed. Accordingly, he prays to allow the petitions. - 5 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR 5. Per contra, learned HCGP has opposed the petitions and he submits that in similar manner, accused persons have cheated other banks also. Accordingly, he prays to dismiss the petitions. 6. In the first information which is submitted by Shwetha, W/o late Mahaveer Kumar, she has stated that she was acquainted to accused No.1-Darshan, who is her elder brother's friend and on 21.02.2025, she was summoned by Darshan who had handed over her a gold bangle with a request to pledge the same in any bank and give him money since he was in need of money. Accordingly, Shwetha who is the first informant in the present case allegedly had pledged the gold bangle which was handed over by Darshan to her which totally weighed 29.80 grams and the amount of Rs.1,57,000/- which was given by the bank to her was handed over to Darshan. Thereafter, she had received a notice from the bank stating that the pledged gold bangle was duplicate and attempts made by her to contact Darshan had failed and it is under these circumstances, she had approached the police. - 6 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR 7. Accused No.1 was arrested in the present case on 19.04.2025 and based on his voluntary statement, subsequently accused Nos.2 and 3 were also arrested. Gold bangle has been pledged in the bank by the first informant and allegation now made in the first information is that accused No.1 - Darshan had handed over the said bangle to first informant with a request to pledge the same and give him money. Insofar as other accused persons are concerned, the allegation against accused No.2 is that he is the person who had provided the aforesaid gold bangle to accused No.1 Darshan and allegation as against accused No.3 is that he also has secured similar gold ornament from accused No.2 and had pledged in other banks. 8. Be that as it may, the fact remains that gold bangle has been pledged with the bank in the present case by first informant herself who has now made allegation against Darshan. Insofar as accused Nos.2 and 3 are concerned, their role is specifically not mentioned in the FIR and their name is also not found in the FIR. Undisputedly, accused persons do not have any criminal antecedents. The alleged offences are triable - 7 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioners are in custody for the last more than one month and major portion of the investigation in the case is already completed. It is not the case of the prosecution that petitioners have not cooperated with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.64/2025 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 316(2) and 318(2) of BNS, 2023, 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 - 8 - NC: 2025:KHC:18900 CRL.P No. 7120 of 2025 C/W CRL.P No. 7090 of 2025 CRL.P No. 7115 of 2025 HC-KAR 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
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN