Karnataka High Court
Sri Bharath @ Nepali vs State Of Karnataka By on 10 February, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:6124
CRL.P No. 13825 of 2024
C/W CRL.P No. 13837 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 13825 OF 2024
C/W
CRIMINAL PETITION NO. 13837 OF 2024
IN CRL.P No. 13825/2024
BETWEEN:
1. SRI BHARATH @ NEPALI
S/O MARIYAPPA,
AGED 33 YEARS,
R/AT. NEAR ANGANAWADI KOLLUR
MALASANDRA VILLAGE,
ANUGONDANAHALLI VILLAGE,
HOSKOTE TALUQA,
BENGALURU RURAL DISTRICT- 67.
2. RAMESH S/O LATE SIMON,
Digitally signed AGED ABOUT 32 YEARS,
by SHIVAKUMAR R/AT. NO. 91, 4TH CROSS,
HIREMATH VEERABHADRANAGAR GIRINAGARA,
Location: HIGH MAIN ROAD,
COURT OF BENGALURU-560085
KARNATAKA
PERMANENT ADDRESS
NO. 156 4TH CROSS
KARNATAKA SLUM CLEARANCE BOARD COLONY,
TRIVENI CIRCLE,
KALYANAGIRI
MYSORE-570019.
...PETITIONERS
(BY SRI K. PRASANNA SHETTY., ADVOCATE)
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CRL.P No. 13825 of 2024
C/W CRL.P No. 13837 of 2024
AND:
1. STATE OF KARNATAKA BY
PARAPPANA AGRAHARA P S,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
2. SMT. MEGHANA EREGOWDA
W/O LATE MAHESH,
AGED: 27 YEARS,
LALBAG, SIDDAPURA SLUM,
NEAR PILEKAMMA TEMPLE,
MAVALLI JAYANAGAR,
BENGALURU-560098.
...RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.C.NO.226/2024 (CRIME NO.345/2023) REGISTERED BY
RESPONDENT POLICE, PENDING ON THE FILE OF THE PRINCIPAL
CITY CIVIL AND SESSIONS JUDGE AT BENGLAURU FOR THE
ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 25(1AA),
25(1B((B)), OF THE INDIAN ARMS ACT, SECTIONS 120B, 341, 427,
143, 144, 147, 148, 37, 38, 302, 307, 109, 201, 202, 204, 212 AND
149 OF INDIAN PENAL CODE AND AND SECTION 3(1)(i), 3(2), 3(3),
3(4) AND 4 OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT
2000. (KCOCA).
IN CRL.P NO. 13837/2024
BETWEEN:
SRI ANAND M S/O MANJUNATHA
AGED ABOUT 26 YEARS,
C/O RENTED HOUSE OF HARSHA,
R/AT NO. 1374/24,
NEAR BHARATH GA GODOWN,
KEMBATHAHALLI MAIN ROAD,
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NC: 2025:KHC:6124
CRL.P No. 13825 of 2024
C/W CRL.P No. 13837 of 2024
BANNERGHATTA ROAD,
GOTHIGERE BENGALRURU-560083
...PETITIONER
(BY SRI K. PRASANNA SHETTY., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
PARAPPPANA AGRAHARA PS,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. SMT. MEGHANA EREGOWDA
W/O LATE MAHESH,
AGED 27 YEARS, LALBAG, SIDDAPURA SLUM,
NEAR PILEKAMMA TEMPLE, MAVALLI,
JAYANAGAR, BENGALURU-560098.
...RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN SPL.CC.NO.226/2024
(CR.NO.345/2023) REGISTERED BY RESPONDENT POLICE, PENDING
ON THE FILE OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT
BANGALORE, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 25 (1AA),25(1B(B)) OF INDIAN ARMS ACT, SECTIONS
120(B), 341, 427, 143, 144, 147, 148, 37, 38, 302, 307, 109, 201,
202, 204, 212 AND 149 OF THE INDIAN PENAL CODE, SECTIONS
3(2)(V) 3(2)(VA) SC/ST (POA) ACT, 1989, AND SECTIONS
3(1)(I),3(2),3(3),3(4) AND 4 OF KARNATAKA CONTROL OF
ORGANISED CRIME ACT, 2000, (KCOCA).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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CRL.P No. 13825 of 2024
C/W CRL.P No. 13837 of 2024
ORAL ORDER
1. Accused nos.17, 22 & 24 are before this Court in these two petitions filed under Section 439 Cr.PC seeking regular bail in Spl.CC.No.226/2024 pending before the Court of Prl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.345/2023 registered by Parappana Agrahara Police Station, Bengaluru City, for the offences punishable under Sections 25(1AA), 25(1B)(B) of the Indian Arms Act, Sections 120B, 341, 427, 143, 144, 147, 148, 37, 38, 302, 307, 109, 201, 202, 204, 212 read with 149 IPC, Sections 3(2)(v), 3(2)(va) of the SC & ST (Prevention of Attrocities) Act, 1989 & Sections 3(1)(i), 3(2), 3(3), 3(4) & 4 of the Karnataka Control of Organised Crime Act, 2000.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.345/2023 was registered by Parappana Agrahara Police Station, Bengaluru City, as against three named persons and 8 to 10 others, for the offences punishable under Sections Sections 25(1AA), 25(1B)(B) of the Indian Arms Act, Sections 341, 427, 143, 147, 148, 302, 120B, 148 IPC, on -5- NC: 2025:KHC:6124 CRL.P No. 13825 of 2024 C/W CRL.P No. 13837 of 2024 the basis of the first information received from respondent no.2 herein - wife of deceased Mahesh.
4. During the course of investigation, accused nos.17 & 22 were arrested on 25.08.2023 and accused no.24 was arrested on 22.08.2023. Investigation of the case is completed and the police have now filed charge sheet against 28 accused persons for the aforesaid offences after following due procedure under law. Bail application filed by the petitioners herein before the Trial Court in Spl.CC.No.226/2024 was rejected. Therefore, they are before this Court.
5. Learned Counsel for the petitioners having reiterated the grounds urged in the petitions, submits that undisputedly petitioners were not present at the spot of crime on 04.08.2023 and the only allegation as against them is that they had helped the actual assailants to escape after committing the murder of deceased Mahesh. It is also alleged that petitioners had not revealed the whereabouts of the accused to the police inspite of they knowing about the same. Accused no.24 allegedly had provided a dongle to accused no.6 prior to the date of alleged crime. He submits that accused nos.19, 20, 21 & 25 to 27 as -6- NC: 2025:KHC:6124 CRL.P No. 13825 of 2024 C/W CRL.P No. 13837 of 2024 against whom similar allegations are found in the charge sheet have been already enlarged on regular bail by the Trial Court, and therefore, the Trial Court was not justified in rejecting the bail application of the petitioners.
6. Per contra, learned HCGP has opposed the petitions. He submits that the petitioners are persons with criminal antecedents. Accused nos.17 & 22 were part of the gang which had earlier gone to Ballari on 26.05.2023 to commit the murder of Mahesh and there is prima facie material to show that the accused nos.17 & 22 had visited Ballari and stayed in hotel room, and since Mahesh was not released from Ballari Jail, they had returned back. Accused no.24 had supplied a dongle to accused no.6 prior to the date of crime which was used by accused no.6 for commission of crime. He, accordingly, prays to dismiss the petitions.
7. It is not in dispute that petitioners herein were not present at the spot of incident when the actual assailants committed the murder of deceased Mahesh on 04.08.2023 at about 21.30 hours. The allegation against the petitioners is that they had helped and assisted the assailants to escape after -7- NC: 2025:KHC:6124 CRL.P No. 13825 of 2024 C/W CRL.P No. 13837 of 2024 committing the crime and they also had visited the place where the assailants had taken shelter after committing the crime and had participated in a party in the said place along with the actual assailants and inspite of the same, they had not revealed about the whereabouts of the assailants to the police. Accused no.24 allegedly had provided a dongle to accused no.6 which was used by him to commit the crime.
8. The police after investigation in the present case, have filed charge sheet against the accused persons invoking the provisions of KCOCA, and therefore, it is evident that all the accused persons in the present case are persons of criminal antecedents. Accused nos.19, 20, 21 & 25 to 27 as against whom similar allegations of assisting the assailants to escape after they committed the crime and also visiting the place where the assailants had taken shelter, have been granted regular bail by the Sessions Court. Petitioners have been denied bail on parity with accused nos.19, 20, 21 & 25 to 27, only for the reason that that there is allegation against accused nos.17 & 22 that they had earlier gone to Ballari along with the other accused persons with an intention to commit the murder of Mahesh and had stayed in a hotel room at Ballari and since -8- NC: 2025:KHC:6124 CRL.P No. 13825 of 2024 C/W CRL.P No. 13837 of 2024 Mahesh was not released on bail, they had returned back, and that accused no.24 had supplied a dongle to accused no.6 prior to the date of crime which was used by accused no.6 for commission of crime.
9. Undisputedly, petitioners had not participated in any crime during the said visit of theirs to Ballari on 26.05.2023. Merely for the reason that accused nos.17 & 22 had traveled to Ballari and had stayed there for a day in a hotel room, itself cannot be considered a crime serious enough to deny them regular bail, when the other accused persons as against whom the other allegations except visiting to Ballary and staying there is similar, have been granted regular bail by the Sessions Court. Even as against accused no.24, the only additional allegation is that he had provided a dongle to accused no.6.
10. Petitioners are in custody for the last nearly 1½ years. The trial in the case is yet to commence and the prosecution, in all, has cited 256 charge sheet witnesses in the present case, and therefore, chances of trial being completed in the near future is very remote. Considering the nature of allegations as against the petitioners in the present case and also having -9- NC: 2025:KHC:6124 CRL.P No. 13825 of 2024 C/W CRL.P No. 13837 of 2024 regard to the fact that accused nos.19, 20, 21 & 25 to 27 as against whom similar allegations of assisting and helping the actual assailants is found, have been granted regular bail by the Sessions Court, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
11. The petitions are allowed. The petitioners are directed to be enlarged on bail in Spl.CC.No.226/2024 pending before the Court of Prl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.345/2023 registered by Parappana Agrahara Police Station, Bengaluru City, for the offences punishable under Sections 25(1AA), 25(1B)(B) of the Indian Arms Act, Sections 120B, 341, 427, 143, 144, 147, 148, 37, 38, 302, 307, 109, 201, 202, 204, 212 read with 149 IPC, Sections 3(2)(v), 3(2)(va) of the SC & ST (Prevention of Attrocities) Act, 1989 & Sections 3(1)(i), 3(2), 3(3), 3(4) & 4 of the Karnataka Control of Organised Crime Act, 2000, subject to the following conditions:
a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two
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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 KK