Karnataka High Court
Mr Bhuvan Reddy M @ Mohan Reddy vs State Of Karnataka on 27 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:48641
CRL.P No. 12075 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12075 OF 2024
BETWEEN:
MR BHUVAN REDDY M @ MOHAN REDDY
@MOHAN REDDY
S/O MUNIRAJA REDDY.N
AGED ABOUT 26 YEARS
OCC: PRODUCT INVESTIGATOR AT
AMAZON R/AT NO. 18, 1ST MAIN
MATADAHALLI, R.T.NAGAR POST
BENGALURU - 32
PRESENTLY R/AT FLAT NO. D-1
SURYA NEST APARTMENT 15TH CROSS
MALLESHWARAM, BENGALURU - 03.
...PETITIONER
(BY SRI. S G RAJENDRA REDDY.,ADVOCATE)
AND:
Digitally
signed by STATE OF KARNATAKA
NANDINI MS BY HENNUR POLICE STATION
Location: High
Court of BENGALURU, REP BY STATE
Karnataka PUBLIC PROSECUTOR, HIGH COURT
OF KARNATAKA, BANGALORE - 560 001.
...RESPONDENT
(BY SRI CHANNAPPA EERAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C
PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.518/2024 OF
RESPONDENT/HENNUR POLICE STATION FOR OFFENCE P/US/
100,105,125(A),125(B),270,3(5) OF BNS 2023 AND
SEC.326,327,328 OF BBMP 2020 AND SEC.3 OF REAL ESTATE
REGULATORY AUTHORITY (RERA) ACT 2016, PENDING ON THE FILE
OF THE XI ACJM MAYO HALL BENGALURU.
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NC: 2024:KHC:48641
CRL.P No. 12075 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Crime No.518/2024 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections 100, 105, 125(a), 125(b), 270 & 3(5) of the Bharatiya Nyaya Sanhita, (BNS), 2023, Section 326, 327 & 328 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and Section 3 of the Real Estate Regulatory Authority (RERA) Act, 2016 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.518/2024 was registered by Hennur Police Station, Bengaluru City for the aforesaid offences, on the basis of first information dated 22.10.2024 received from Mohammed Arshad S/o Mohammed Hakeel. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 23.10.2024.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.MiscNo.26010/2024 was dismissed on 07.11.2024. Therefore, he is before this Court. -3-
NC: 2024:KHC:48641 CRL.P No. 12075 of 2024
5. Learned counsel appearing for the petitioner submits that the petitioner is an youngster aged about 26 years and property was purchased in his name by his father, who is arraigned as accused No.1 in the present case. Accused No.1 has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.26028/2024. The major portion of the investigation is completed. The fatal incident in question had happened due to continuous heavy rain in Bengaluru. There was no negligence on part of the petitioner. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition on the ground that investigation of the case is under progress.
7. The first informant, who hails from Bihar State, was allegedly working as construction worker in the building built by one Muniraju Reddy at Babusa Palya. On 22.10.2024 at about 9.00 a.m, when the first informant and the said workers were working in the under construction seven storied building owned by Muniraja Reddy, it was heavily raining and water was leaking all over the building. At about 3.30 p.m, the building started collapsing and before the workers could come out of the building the entire building collapsed. As a result of the same, -4- NC: 2024:KHC:48641 CRL.P No. 12075 of 2024 construction workers were trapped inside the collapsed building. In the said incident totally nine persons had died and several others were injured.
8. The allegation against the accused is that quality material was not used for the purpose of construction and therefore building had collapsed. The petitioner is the son of accused No.1, who has been granted anticipatory in the present case.
9. As per the first information, building in question was being constructed by the accused No.1 and as a result of substandard work done by the engineer, contractor and mason of the building, the same had collapsed. The petitioner is the registered owner of the site in which construction was being put up. There is no other allegation as against the petitioner in the first information. He is in custody from 23.10.2024. Major portion of the investigation is completed. The alleged offences are not exclusively punishable with death or life imprisonment. The petitioner is an youngster aged about 26 years is said to be an employee of MNC.
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NC: 2024:KHC:48641 CRL.P No. 12075 of 2024
10. 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.
11. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.518/2024 registered by Hennur Police Station, Bengaluru City for the offences punishable under Sections 100, 105, 125(a), 125(b), 270 & 3(5) of the Bharatiya Nyaya Sanhita, (BNS), 2023, Section 326, 327 & 328 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and Section 3 of the Real Estate Regulatory Authority (RERA) Act, 2016, subject to the following conditions:
a) 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;-6-
NC: 2024:KHC:48641 CRL.P No. 12075 of 2024
d) The petitioner shall not involve in similar offences in future;
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS