Criminal Petition No. 7999 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7999 OF 2025 BETWEEN: MR. ASHIK AGED 27 YEARS S/O KARUNAKARA R/AT KAUSHIK NILAYA KRIMISHEN COMPOUND BEHIND HINDUSTAN FACTORY BOLOOR, MANGALURU - 575 001. (BY SRI ASHWIN JOYSTON KUTINHA, ADV.) AND:
Legal Reasoning
STATE OF KARNATAKA THROUGH BARKE POLICE STATION DAKSHINA KANNADA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
Legal Reasoning
(BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN S.C.NO.55/2021 FOR OFFENCE P/US/ 120B, 109, 143, 147, 148, 504, 302, 201, 212 R/W SEC. 149 OF IPC AND SEC. 27(1) OF ARMS ACT PENDING ON THE FILE OF THE IV ADDL. DIST. AND SESSIONS JUDGE, MANGALURU WHICH IS REGISTERED IN PURSUANCE OF CRIME NO.44/2020 BARKE POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in S.C.No.55/2021 pending before the Court of IV Addl. District & Sessions Judge, Mangaluru, D.K., District arising out of Crime No.44/2020 registered by Barke Police Station, Mangaluru City for the offences punishable under Sections 120(B), 109, 143, 147, 148, 504, 302, 201 & 212 R/w 149 of IPC and Section 27(1) of Indian Arms Act, 1959 is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.44/2020 was registered by Barke Police Station, Mangaluru City initially for the offence punishable Under Section 302 R/w 34 of IPC against unknown persons, on the basis of first information dated 26.11.2020 received from Kum. Sahana D/o Indar Salian. During the course of investigation, the petitioner - 3 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR herein was arrested on 28.11.2020 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against ten persons and the petitioner is arraigned as accused No.6 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.1796/2022, which was rejected on 25.05.2022 by the coordinate bench of this Court. Thereafter, he had filed bail application before Trial Court in S.C.No.55/2021 which was rejected on 12.03.2025. Therefore, he is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that the petitioner is in custody in the present case for the last more than 4½ years. Accused Nos.3 to 5 and 7 to 10 as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court. The material charge sheet witnesses have not supported the - 4 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR case of the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. He however, bring to the notice of this Court that the petitioner is a person with criminal antecedents and he was involved in two other criminal cases earlier. 7. Perusal of the material on record would go to show that, FIR in the present case was registered against unknown persons and during the course of investigation, the petitioner herein was arrested on 28.11.2020 and after completing investigation charge sheet has been filed against ten persons. According to the learned counsel for the petitioner material charge sheet witnesses have been examined in the present case and they have not supported the case of the prosecution. 8. It is not in dispute that, the allegation against accused Nos.3 to 5 and accused Nos.7 to 10 are similar to - 5 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR the allegation found against the petitioner in the charge sheet. Accused Nos.3 to 5 and accused Nos.7 to 10 have been enlarged on bail by this Court in Crl.P.No.457/2025, Crl.P.No.5999/2025, Crl.P.No.629/2021, Crl.P.No.7711/2021, Crl.P.No.3581/2025 and connected matters. In the earlier two criminal cases, which were registered against the petitioner, he is said to have been enlarged on bail. Insofar as the present case is concerned he is in custody for the last more than 4½ years. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. 10. Accordingly, the following:
Decision
ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.55/2021 pending before the Court of IV Addl. - 6 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR District & Sessions Judge, Mangaluru, D.K., District arising out of Crime No.44/2020 registered by Barke Police Station, Mangaluru City for the offences punishable under Sections 120(B), 109, 143, 147, 148, 504, 302, 201 & 212 R/w 149 of IPC and Section 27(1) of Indian Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute a 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 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 shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:24744 CRL.P No. 7999 of 2025 HC-KAR d) The petitioner shall not involve in similar offences in future; NMS Sd/- (S VISHWAJITH SHETTY) JUDGE