Criminal Petition No. 8646 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25074 CRL.P No. 8646 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. 8646 OF 2025 BETWEEN: GANGADHAR @ PAVAN @ SODA S/O SHIVAKUMAR AGED ABOUT 24 YEARS R/AT NO.5/2, 1ST FLOOR 1ST CROSS, NEAR LAL BAHADDUR SHAS, CHOLURU PALYA BENGALURU - 560 023. (BY SRI MOHANKUMARA D, ADV.) AND: THE STATE OF KARNATAKA BY KEMPAPURA AGRAHARA P.S BENGALURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.
Legal Reasoning
(BY SRI RANGASWAMY R, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL IN CRIME NO.0001/2025, REGISTERED BY THE STATION, RESPONDENT BENGALURU FOR THE OFFENCES P/U/S 61(2), 126(2), 103(1), 189(2), 189(4), 191(2), 191(3) R/W 190 OF THE BNS, 2023, PENDING ON THE FILE OF THE LEARNED LXV ADDL.CITY CIVIL AND NO.582/2025 SESSIONS (CRL.MISC.NO.3407/2025). BENGALURU KEMPAPURA AGRAHARA JUDGE, POLICE SC IN THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC.No.582/2025 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.1/2025 registered by Kempapura Agrahara Police Station, Benglauru, for the offences punishable under Sections 103(1), 61(2), 189(2), 189(4), 191(2), 191(3) and 190 of BNS, 2023, is 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.1/2025 was registered by Kempapura Agrahara Police Station, Benglauru, initially for the offence punishable under Section 109 of BNS, 2023, against unknown persons based on the first information dated 01.01.2025 received from Shantamma, mother of deceased Kushal. During the course of investigation, petitioner herein was arrested on 03.01.2025 and after completing investigation, charge sheet has been filed against five persons. Petitioner is arraigned as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR Crl.Misc.No.3407/2025 was rejected on 10.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegation against the petitioner is that he had caught hold of the deceased so as to enable accused No.1 to assault him with a weapon. Petitioner aged about 24 years having no criminal antecedents is in custody for the last more than six months. Trial in the case is yet to commence. Petitioner had no motive or intention to commit the murder of deceased. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that CW2 to CW5 are the eye witnesses to the alleged incident. Deceased had sustained injuries on his body as a result of the assault made by accused persons. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons for the offence punishable under Section 109 of BNS, 2023, based on the first information received form Shantamma, mother of Kushal, who is the deceased in the present case. - 4 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR During the course of investigation, petitioner and other accused were arrested and after completing investigation, charge sheet has been filed against five persons. The allegation in the charge sheet is that on the evening of 31.12.2024, accused persons had decided to celebrate New Year and for the said purpose, they had purchased six bottles of beer. When the accused persons had gone to purchase cigarettes, CW4 had stolen three beer bottles out of the six beer bottles purchased by accused persons. After coming to know about the theft, accused persons had gone near the cigarette stall for the purpose of enquiring and it appears that deceased Kushal, who was along with CW2 and 4 allegedly had abused the accused persons who had gone near the cigarette shop for enquiry and also assaulted one juvenile accused. It is in this background, accused persons thereafter decided to question Kushal, who was a total stranger to them and thereafter, at about 02.30 a.m. on the intervening night of 31.12.2024 and 01.01.2025, they had gone to the place where Kushal was along with CW2 and CW4 and after quarrelling with him, they had assaulted him. The allegation against accused Nos.3 to 5 and the juvenile accused is that they had caught hold of Kushal and accused No.1 had assaulted - 5 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR Kushal with a long and as a result, Kushal fell down on the ground. There is no allegation against the petitioner about he assaulting Kushal or the other alleged eye witnesses present at the spot. 7. The fight between two parties had taken place only after CW4, who was a friend of Kushal had stolen beer bottles of the accused persons and it is in this background, accused persons had gone and fought with Kushal and his friends, who were total strangers to them. In the said incident, accused No.1 had assaulted Kushal with a weapon and it is alleged that subsequently, juvenile accused also had dropped a stone on the head of Kushal who had fallen on the ground. Undisputedly, petitioner who is in custody for the last more than six months has no other criminal antecedents. Trial in the case is yet to commence. Prosecution has altogether cited 45 charge sheet witnesses in the present case. Considering the aforesaid aspects of the matter and the background in which the incident in question had taken place, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 6 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR 8. The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No.582/2025 pending before the Court of LXV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.1/2025 registered by Kempapura Agrahara Police Station, Benglauru, for the offences punishable under Sections 103(1), 61(2), 189(2), 189(4), 191(2), 191(3) and 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 7 - NC: 2025:KHC:25074 CRL.P No. 8646 of 2025 HC-KAR Court until the case registered against him is
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN