Rakshith S @ Rakshi Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.334/2024 OF TAVAREKERE POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 127(2), 115(2), 118(1), 103(1), 3(5) OF BNS 2024 NOW PENDING IN SC No.11/2025 ON THE FILE OF THE LEARNED I ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.2 under Section 483 of BNSS, praying to grant bail in Crime No.334/2024 of Tavarekere Police registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 103(1), 3(5) of BNS pending in SC No.11/2025 on the file of I Additional District and Sessions Judge, Ramanagara.

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Heard learned counsel for petitioner and learned Addl.SPP for respondent/State.

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Learned counsel for petitioner would contend that there are no eye witnesses to the incident and the case is based on circumstantial evidence. The recovery of the

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3 - NC: 2025:KHC:43219 CRL.P No. 12754 of 2025

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HC-KAR

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articles from the accused persons is a joint recovery. The petitioner is suffering from Miliary Tuberculosis and he needs admission for further management as per certificate dated 28.10.2025 issued by the Chief Medical Officer, Central Prisons, Bangalore. He further submits that as the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents. With these he prays to allow the petition.

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Per contra , learned Addl.SPP would contend that there is a specific overt act alleged against this petitioner and accused No.1 assaulting the deceased with knife. The PM report indicates that the deceased died due to stab injury sustained. The offence alleged against the petitioner is a heinous offence, punishable with death or imprisonment for life. If the petitioner is granted bail, there is a threat to the prosecution witnesses. With this, she prayed to reject the petition.

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NC: 2025:KHC:43219 CRL.P No. 12754 of 2025

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HC-KAR

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Having heard the learned counsels, this Court has perused the charge sheet and other materials placed on record.

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As per charge sheet, the accusation against the accused persons is that on 03.11.2024 at about 12.00 noon, accused No.1 advised deceased Ambarish to discontinue his contacts with CW.3. Accused Nos.1 to 3, who subsequently planned to kill him, took him to a place where accused Nos. 1 and 2 assaulted deceased Ambarish on his neck with knife and killed him. There are no eyewitnesses to the incident and entire case of the prosecution is based on circumstantial evidence. In order to prove the case, the prosecution has to establish each of the circumstances. The petitioner is suffering from Miliary Tuberculosis and he requires admission for further management as per certificate issued by Chief Medical Officer of Central Prisons, Bangalore dated 28.10.2025. Considering all the above aspects, the petitioner has made

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5 - NC: 2025:KHC:43219 CRL.P No. 12754 of 2025

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HC-KAR

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out a case for grant of bail with conditions. In the result,

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the following:

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ORDER

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Petition is allowed. The petitioner is granted bail in Crime No.334/2024 of Tavarekere Police Station pending in S.C.No.11/2025 on the file of I Additional District and Sessions Judge, Ramanagara, subject to following

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conditions:

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(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court.

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(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

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