Criminal Petition No. 7238 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7238 OF 2025 C/W CRIMINAL PETITION NO. 7243 OF 2025 IN CRL.P No. 7238/2025: BETWEEN: BHARATH @ MOHAN KUMAR S/O SWAMY GOWDA AGED ABOUT 22 YEARS RAT, GUDUGANAHALLI VILLAGE SHANTHIGRAMA HOBLI HASSAN TAUK, HASSAN DISTRICT - 34. (BY SRI PRATHEEP K.C, ADV.) AND: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
THE STATE OF KARNATAKA REP. BY HASSAN CITY POLICE STATION HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 34. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO.57/2025 (CR.NO.137/2024) BY HASSAN CITY POLICE PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN FOR THE OFFENCES P/U/S 103, 126(2), 60, 190, 54 OF BNS. - 2 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR IN CRL.P NO. 7243/2025: BETWEEN: DARSHAN N.R @ SINCHU S/O RAJEGOWDA AGED ABOUT 18 YEARS R/AT KOWSHIIKA KOODU H.N. PURA ROAD HASSAN TALUK HASSAN DISTRICT - 34. (BY SRI PRATHEEP K.C, ADV.) AND: ...PETITIONER THE STATE OF KARNATAKA REP BY HASSAN CITY POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. (BY SMT. WAHEEDA, M.M, HCGP) ...RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR ON BAIL IN S.C.NO.57/2025 (CRIME NO.137/2024) BY HASSAN CITY POLICE PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN, FOR THE OFFENCES P/U/S. 103, 126(2), 60, 190, 54 OF BNS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in S.C.No.57/2025 pending before the Court of III Addl. District and Sessions Judge, Hassan arising out of Crime.No.137/2024 registered by - 3 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR Hassan City Police Station, Hassan District for the offences punishable under Sections 103, 126(2), 60, 190 & 54 of BNS, 2023 are before this Court in these two petitions under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.137/2024 was registered by Hassan City Police Station, Hassan District initially for the offence punishable under Section 103 of BNS, 2023 against unknown persons on the basis of the first information dated 14.11.2024 submitted by Sri Anand C.D, Police Officer attached to Hassan City Police Station. During the course of investigation, the petitioners were arrested on 16.11.2024 and remanded to judicial custody. After completing the investigation charge sheet has been filed against seven persons. The petitioners herein are arrayed as accused Nos.1 and 2 in the charge sheet. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in S.C.No.57/2025 - 4 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR was rejected on 05.05.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits the FIR was registered in the present case only against unknown persons. During the course of investigation, the petitioners herein were arrested on 16.11.2024. CW.2 is the sole eye witness in the present case and his statement was recorded on 22.01.2025. Accused Nos.3 and 4 as against whom there is an allegation of assaulting the deceased with deadly weapons along with the petitioners have been granted regular bail by the jurisdictional Sessions Court. The petitioners herein are youngsters having no criminal antecedents. Accordingly, he prays to allow the petitions. 6. Per contra, the learned HCGP has opposed the bail application and submits that though there is allegation as against accused Nos.3 and 4 about assaulting the deceased with deadly weapons, the petitioners have assaulted the deceased on the vital part of his body. - 5 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR Therefore, bail cannot be granted to them on the ground of partiy. 7. The material on record would go to show after the dead body of a unknown person aged about 35 years was found on 14.11.2024, FIR was registered against unknown persons based on the first information submitted by Sri Anand C.D, who is a Police Officer attached to Hassan City Police Station. During the course of investigation, the petitioners were arrested on 16.11.2024 and after completing the investigation charge sheet has been filed against seven persons. The allegation in the charge sheet is that accused No.3 had ill- will against the deceased, who was friend of Raja, who had earlier committed the murder of Sri Sathish, who was brother of accused No.3 Nithin. It is alleged that deceased along with Raja used to come near the milk parlour of accused No.3 and he frequently demanded money and also threatened accused No.3. Therefore, accused No.3 decided to eliminate deceased Rakhitha @ Bomma and he allegedly - 6 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR conspired with other accused persons to commit the murder of Rakhitha @ Bomma and in furtherance of such conspiracy on 13.11.2024 accused persons had assaulted the deceased with deadly weapons and had committed his murder. 8. Perusal of charge sheet would go to show that, allegation of assaulting deceased with deadly weapons is found against accused No.1 to 4 and accused Nos.5 to 7 allegedly had instigated the aforesaid accused to commit the murder of Rakhitha @ Bomma. Accused No.3, is the persons, who had a ill-will and motive as against the deceased Rakhitha @ Bomma. Accused Nos.3 and 4 have been granted regular bail by the jurisdiction Sessions Court in S.C.No.57/2025 by order dated 21.04.2025. Accused No.5 has been granted regular bail by this Court in Crl.P.No.4102/2025 and accused No.6 also has been granted regular bail along with accused Nos.3 and 4 by the Trial Court. The petitioners aged about 22 years and 18 years respectively have no criminal antecedents and - 7 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR allegation against them is similar to the allegation found in the charge sheet as against accused Nos.3 and 4, who have been enlarged on bail by the Trial Court. Under these circumstances, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 9. Accordingly, the following:
Decision
ORDER The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in S.C.No.57/2025 pending before the Court of III Addl. District and Sessions Judge, Hassan arising out of Crime.No.137/2024 registered by Hassan City Police Station, Hassan District for the offences punishable under Sections 103, 126(2), 60, 190 & 54 of BNS, 2023, subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the - 8 - NC: 2025:KHC:19334 CRL.P No. 7238 of 2025 C/W CRL.P No. 7243 of 2025 HC-KAR 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; NMS Sd/- (S VISHWAJITH SHETTY) JUDGE