Sri Chandregowda Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

Sri Chandregowda Vs State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioners/accused Nos.1 to 3 enlarged on bail in Crime No.374/2024 subject to conditions: (1) execution of a personal bond of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the jurisdictional Court; (2) furnishing proof of residential address and informing the Court of any change of address; (3) no direct or indirect tampering with prosecution witnesses; (4) abstaining from committing any offence; (5) regular appearance before the trial Court on all dates of hearing; violation of any condition shall result in cancellation of bail.

Issue for consideration

Whether petitioners/accused Nos.1 to 3 in Crime No.374/2024 of Hunasur Rural Police Station should be enlarged on regular bail under Section 483 of BNSS, 2023.

Court's answer

A perusal of the complaint averments indicates that the complaint against the petitioners was lodged only on suspicion arising from previous incidents, i.e., the complainant suspected their role in the offence.

Ratio / Principle

At this stage, apart from the confessional statements attributed to the arrested petitioners, there are no materials to detain the petitioners in judicial custody.

Key takeaways

The prosecution has to establish its case in accordance with law during a full-fledged trial; therefore, by imposing necessary conditions, the petitioners can be admitted to bail.ratio¶42

Detailed headnote1 paragraphs

Bail - Regular bail under S.483 BNSS (S.439 Cr.P.C equivalent) - Offences punishable u/SS.351, 324(4), 326(g) r/w S.3(5), Bharatiya Nyaya Sanhita, 2023 - Crime No.374/2024, Hunasur Rural Police Station, Mysuru District, pending before Principal Civil Judge (Jr.Dn.) and JMFC, Hunsur - Complaint alleged that on previous enmity the accused set fire to the complainant's Alto Car (No. KA-05/MF-3438) and Hero Pleasure motor-cycle parked near his house on 16.10.2024 at about 10.20 p.m. - State contended that punishment u/S.326(g) BNS extends up to life imprisonment and that petitioners may threaten/tamper with witnesses if released - Court observed complaint was lodged only on suspicion born of previous incidents; apart from post-arrest confessional statements, no materials justified continued detention; prosecution must prove its case at a full-fledged trial - Petition allowed; petitioners enlarged on bail on personal bond of Rs.1,00,000/- each with two sureties for likesum, subject to conditions including furnishing proof of residential address, non-tampering with witnesses, abstention from fresh offences and regular attendance before trial Court; violation entails cancellation of bail.

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NC: 2025:KHC:1393 CRL.P No. 13352 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 13352 OF 2024

(439(Cr.PC) / 483(BNSS))

BETWEEN:

SRI. CHANDREGOWDA SON OF MOGANNEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT MUTHURAYANAHOSAHALLI, HANAGODU HOBLI, HUNASURU TALUK, MYSURU DISTRICT.

Digitally signed by LAKSHMI T Location: High Court of Karnataka

SRI. MANJA, SON OF LATE LOKESHA, AGED ABOUT 29 YEARS, RESIDING AT ANANDURU VILLAGE, YELAWALA HOBLI, MYSURU TALUK AND DISTRICT.

SRI. KUMARA, SON OF KRISHEGOWDA, AGED ABOUT 31 YEARS, RESIDING AT MUTHURAYANAHOSAHALLI, HANAGODU HOBLI, HUNASURU TALUK, MYSURU DISTRICT.

…PETITIONERS

(BY SRI. GOPI P.M., ADVOCATE)

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NC: 2025:KHC:1393 CRL.P No. 13352 of 2024

AND:

STATE OF KARNATAKA BY HUNSUR RURAL POLICE, HUNSUR TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001

…RESPONDENT

(BY SRI. HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE P/U/S 351, 324(4), 326(g) R/W SEC.3(5) OF BNS, 2023 BY THE RESPONDENT/HUNSUR RURAL POLICE, HUNSUR TALUK IN CRIME NO.374/2024 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC HUNSUR, BY ALLOWING THIS BAIL PETITION.

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

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

This petition is preferred under Section 483 of BNSS, 2023, praying to enlarge the petitioners on bail in Crime No.374/2024 of Hunasur Rural Police Station, Mysuru District, registered for offences punishable under Sections

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NC: 2025:KHC:1393 CRL.P No. 13352 of 2024

351, 324(4), 326(g) and Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.

Heard the learned counsel for petitioners, learned High Court Government Pleader and perused the material on record.

In the complaint lodged by one Manukumar.M.R, s/o. late Rajegowda, he has alleged that about 6 to 7 years prior, he had tipped the Police about the illegal activities of Accused No.1 by name Chandregowda s/o.Mogannegowda in selling the illicit liquor and in this connection, the said accused and his brother-in-law, i.e., Accused No.2-Manja had assaulted and threatened him. Further, about three months prior, the accused had cut 50 jet pipes laid by him in their land. On 16.10.2024 at about 5.30 p.m., he along

with his family members, had gone to see Dasara lightings

and exhibition, parking his Alto Car bearing No. KA-05/MF-3438 and his new Hero Pleasure motor-cycle

near his house. At about 10.20 p.m., both the accused on account of previous enmity, set fire to the vehicles on

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account of which, the vehicles as well as the electrical meter, C.C camera etc., were burnt.

Learned High Court Government Pleader has contended that the punishment prescribed for the offence under Section 326(g) of BNS, 2023 is upto life imprisonment and therefore, petitioners have committed a heinous offence. He contended that if the petitioners are enlarged on bail, they may threaten and tamper with the prosecution witnesses.

A perusal of the complaint averments give an indication that only on suspicion, complaint was lodged against the petitioners. It appears that, in view of the previous incidents, complainant has suspected the role of petitioners in the commission of the offence.

Learned High Court Government Pleader has contended that after the arrest of the petitioners, they have confessed having committed the offence. However, at this stage, except the confessional statements, there

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are no materials to detain the petitioners in judicial custody. The prosecution has to establish its case in accordance with law during a full-fledged trial. Hence, by imposing necessary conditions, petitioners can be admitted to bail.

7. Accordingly, the following:

ORDER

Petition is allowed.

Petitioners/accused Nos.1 to 3 in Crime No.374/2024 of Hunasur Rural Police Station, pending on the file of the Court of the Principal Civil Judge (Jr.Dn.) and JMFC, Hunsur, shall be enlarged on bail, subject to following conditions:

They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court.

Page No.5 is retyped and replaced vide Court Order dated 23.1.2025.

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They shall furnish proof of their residential address and shall inform the Court, if there is change in the address.

They shall not directly or indirectly tamper with the prosecution witnesses.

They shall not indulge themselves in committing any offence.

They shall appear before the trial Court regularly on all dates of hearing.

Violation of any of the above condition shall result in

cancellation of bail.

Sd/(MOHAMMAD NAWAZ) JUDGE

BNV List No.: 1 Sl No.: 35 CT:SNN