Karnataka High Court
Kushal. N vs The State Of Karnataka on 4 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:9092
CRL.P No. 12711 of 2024
C/W CRL.P No. 13214 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12711 OF 2024
C/W
CRIMINAL PETITION NO. 13214 OF 2024
IN CRL.P NO. 12711/2024
BETWEEN:
JATHIN .R. GANGADKAR
S/O RUDRESH @ RUDRAPPA
AGED ABOUT 30 YEARS
RESIDING AT NO.681
13TH CROSS, 4TH MAIN
BHEL 2ND STAGE
K.G. ROAD, BENGALURU - 560 098.
...PETITIONER
(BY MISS. NIKHITHA, ADVOCATE)
Digitally signed
by NANDINI AND:
MS
Location: High 1. THE STATE OF KARNATAKA
Court of BY CHANDRA LAYOUT P.S.
Karnataka
REP BY SPP, HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. XXX.
...RESPONDENTS
(BY SRI. K. NAGESHAWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN
C.C.NO.34158/2024 FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3),
319(2), 352, 351(2), 308(2), 329(4), 190 OF BNS AND ARISING OUT
OF CR.NO.440/2024 REGISTERED BY THE CHANDRA LAYOUT POLICE
AND THE SAME IS PENDING BEFORE THE 46TH A.C.M.M AT
BENGALURU.
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NC: 2025:KHC:9092
CRL.P No. 12711 of 2024
C/W CRL.P No. 13214 of 2024
IN CRL.P NO. 13214/2024
BETWEEN:
KUSHAL .N
S/O. LATE NAGARAJ
AGED ABOUT 24 YEARS
NO.341/2, 5TH CROSS
PONNA ROAD, NEAR SHIVA TEMPLE
SRINIVASAPURA COLONY
KENGERI, UTTARAHALLI MAIN ROAD
BANGALORE - 560 060.
...PETITIONER
(BY SRI. PRAVEEN KUMAR .R., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY CHANDRALAYOUT POLICE STATION
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU CITY - 560 009.
...RESPONDENT
(BY SRI. K. NAGESHAWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN
C.C.NO.34158/2024 PENDING ON THE FILE OF THE 46TH ADDL. CMM
COURT, BENGALURU (CR.NO.440/2024 OF CHANDRA LAYOUT
POLICE STATION) BENGALURU REGISTERED FOR OFFENCE
PUNISHABLE UNDER SECTIONS 61(2), 329(4), 140(2), 115(2), 118,
70(1), 74, 238, 127(3), 319(2), 352, 351(2) AND 308(2) AND 190
OF THE BNS ACT.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2025:KHC:9092
CRL.P No. 12711 of 2024
C/W CRL.P No. 13214 of 2024
COMMON ORAL ORDER
1. Accused Nos.10 and 11 in Crime No.440 of 2024 registered by Chandra Layout Police Station, Bengaluru pending in CC No.34158 of 2024 on the file of the learned 46th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) and 190 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), are before this Court in these two petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.440 of 2024 was registered by Chandra Layout Police Station, Bengaluru initially for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) and 190 of BNS against Joseph and others, based on the first information dated 17.08.2024 received from Manjula, wife of Lankesh. During the course of investigation of the case, accused No.10 was arrested on 17.08.2024 and accused No.11 -4- NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 was arrested on 19.08.2024. Investigation of the case was thereafter completed and charge sheet has been now filed against 13 accused persons. The petitioners herein are arrayed as accused Nos.10 and 11 in the charge sheet. Bail application filed by them before the jurisdictional Magistrate was rejected. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents. Investigation of the case is completed and the charge sheet has been filed. The role of the petitioners in the alleged crime is very limited. They have not participated in the act of torturing CWs.1 to 4 as alleged in the charge sheet. He submits that the petitioners hail from respectable families and they undertake to co-operate with the Trial Court and accordingly, prays for allowing the petitions.
5. Per contra, learned High Court Government Pleader has opposed the petitions. He submits that the accused have committed heinous offences and torture meted out to CWs.1 to 4 are gruesome. Accordingly, prays for dismissal of the petitions.
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NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024
6. The first information was submitted by CW1 - Manjula who is one of the victim in the present case. Undisputedly, the name of petitioners are not found in the first information and they are not named as accused in the FIR. During the course of investigation, based on the confessional statement of co- accused persons, subsequently, the petitioners are arrayed as accused. The investigation in the case is completed and the charge sheet has been filed citing 81 witnesses.
7. In the charge sheet, it is alleged that accused No.4 suspected that CW3 - Shakti was involved in robbing mobile phones and thereby making unlawful gain and this information was passed by him to accused Nos.1 and 2. On 12.08.2022 at about 8.30 p.m. accused Nos.1, 4, 5 and 13 picked up CW3 in an autorickshaw and brought him to the premises at Nayandalli which belongs to CW39. Accused Nos.2 and 14 were already present in the said premises when CW3 was brought by the other accused persons to the said premises. It is alleged that thereafter the aforesaid accused persons assaulted CW3 with wooden reapers. CW3 allegedly revealed that he along with CWs.2 and 4 used to rob the mobile phones and chains and robbed articles were handed over to CW2 for sale. Thereafter, -6- NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 accused No.1 through accused No.9 summoned accused Nos.10 and 15 to the aforesaid premises. Accused No.10 allegedly came in his car bearing registration No.KA-41-MA/3367 to the said premises and subsequently, the other accused along with accused No.10 kidnapped CW4 in the car belonging to accused No.10 and brought CW4 to the premises where CW3 was kept. Thereafter, all the accused persons allegedly tortured CWs.3 and 4 in the aforesaid premises and subsequently, the aforesaid accused persons went in the car belonging to accused No.10 and kidnapped CW2 and also brought him to the aforesaid premises. Even CW2 was tortured along with CWs.3 and 4 in the aforesaid premises and CWs.2 to 4 allegedly confessed that 15 chains which were robbed by them were kept in the house of CW2. Accordingly, the accused persons went near the house of CW2 in the car of accused No.10. But they were not able to recover any chain from the said house. Therefore, they brought CW1 who is the mother of CW2 along with them and kept CWs.1 to 4 in the aforesaid premises at Nayandalli and tortured them.
8. On 13.08.2024, accused No.1 summoned accused No.9 near the premises at Nayandalli and thereafter accused No.9 -7- NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 summoned his friends accused No.11 and 12 and introduced them to CWs.1 to 4 as Police Officers from Crime Branch and accused Nos.11 and 12 allegedly threatened CWs.2 to 4 with dire consequences if they do not reveal the whereabouts of the articles of which theft was committed by them and they would be sent to jail. Subsequently, CWs.2 to 4 were shifted in the car belonging to accused No.10 to the premises of site No.13, Ganakal Grama, Kengeri Hobli, Bengaluru and they were tortured. Not able to bear the torture, CW2 informed that the chains which were robbed by them were in the custody of CW1
- Manjula. Thereafter, CW1 was also brought in the car by accused No.12 and subsequently, CWs.1 and 2 were shifted to the house of accused No.3 at Kengeri Satellite Town and in the said premises, accused Nos.3 and 8 introduced themselves as Police Officers to CWs.1 and 2 and they allegedly assaulted and tortured CWs.1 and 2 in the house of accused No.3.
9. In the evening of 13.08.2024, CWs.3 and 4 were also brought to the house of accused No.3 and CWs.1 to 4 were once again assaulted and tortured in the house of accused No.3. It is alleged that the accused persons after removing clothes of CWs.2 and 4 allegedly put chilly powder into their -8- NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 private parts and assaulted them. It is also alleged that accused Nos.1 to 3 and 5 allegedly gave electric current shock treatment to CWs.1 to 4. It is also alleged that accused Nos.1, 2 and 6 thereafter took CWs.1 to 4 to the car shed of accused No.3 and they made CWs.3 and 4 to have sexual intercourse with CW1 and these acts was allegedly recorded in the mobile phone by accused No.6. Subsequently, accused persons had released CWs.1 to 4 by threatening them with dire consequences not to reveal anything to the police. It is also alleged that the accused persons informed CWs.1 to 4 that they were from Police Department. It is in these background, CW1 had approached the police on 17.08.2024 and submitted the first information, based on which, FIR in Crime No.440 of 2024 was registered against accused No.1 Joseph and others.
10. The allegations against accused No.10 is that, he had come to the premises at Nayandalli, where CWs.2 to 4 were kept after they were kidnapped and he had helped the other accused persons to kidnap CWs.2 and 4 and bring them to the aforesaid premises. There is no allegations against accused No.10 about he assaulting CWs.1 to 4 or torturing them. The allegation against accused No.11 is that he had come to the -9- NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 aforesaid premises and introduced himself as Police Officer and threatened CWs.2 to 4 with dire consequences, if they don't reveal the whereabouts of the articles of which they had committed theft. There are no serious allegations against accused No.11. Undisputedly, accused Nos.10 and 11 do not have any criminal antecedents. They are in custody for the last 6 months. The investigation is already completed and the charge sheet has been filed. Hence, I am of the opinion that accused Nos.10 and 11 are entitled for bail. Accordingly, the following order:-
11. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.440 of 2024 registered by Chandra Layout Police Station, Bengaluru pending in CC No.34158 of 2024 on the file of the learned 46th Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 61(2), 140(2), 115(2), 118, 70(1), 74, 238, 127(3), 319(2), 352, 351(2), 308(2), 329(4) and 190 of BNS, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each
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NC: 2025:KHC:9092 CRL.P No. 12711 of 2024 C/W CRL.P No. 13214 of 2024 for the 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;
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 *bgn/-
CT:VS List No.: 1 Sl No.: 50