Mr Sanjay T Vs the State of Karnataka

THE STATE OF KARNATAKA BY ITS INSPECTOR JNANABHARATHI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AT BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. WAHEEDA M.M, HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE ACCUSED ON BAIL IN CRIME NO.5/2024 (S.C.NO.830/2024) WHICH IS REGIS TREED BY THE RESPONDENT JNANBHRATHI POLICE FOR THE OFFENCE P/US/

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2 -

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NC: 2025:KHC:53287 CRL.P No. 14047 of 2025

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HC-KAR

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364-A,385,307 OF IPC AND THE SAID MATTER IS PENDING BEFORE THE COURT OF THE HONBLE IN THE COURT OF LIX ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-60).

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in SC No.830/2024 pending before the Court of 59^th Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.5/2024 registered by Jnanabharathi Police Station, Bengaluru, for the offences punishable under Sections 364A, 385 and 307 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.5/2024 was registered by Jnanabharathi Police Station, Bengaluru, initially for the offences punishable under Sections 364A and 385 of BNS, 2023, against unknown persons based on the first information dated 03.01.2024

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3 - NC: 2025:KHC:53287 CRL.P No. 14047 of 2025

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HC-KAR

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received from Sanjay Kumar Pandit, friend of injured victim - Kishan Kumar. During the course of investigation, petitioner herein was arrested on 09.01.2024 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.1993/2025, which was dismissed as withdrawn on 17.03.2025. Thereafter, a fresh bail application was filed by the petitioner before the Trial Court in SC No.830/2024, which was rejected on 12.09.2025. Therefore, petitioner is before this Court.

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In the first information which is submitted by Sanjay Kumar Pandit, he has stated that he is a carpenter by avocation and injured victim - Kishan Kumar was his assistant. On 24.12.2023, he had received a phone call from mobile phone bearing No.8152890441 and the caller informed him that they wanted a carpenter for work and accordingly, at their request, on 25.12.2023 at about 09.45 p. m. at the instance of the first informant, victim - Kishan Kumar had gone near Krishna Aramane Hotel within the jurisdiction of Jhanabharathi Police Station and three strangers who came there in a car, allegedly

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4 - NC: 2025:KHC:53287 CRL.P No. 14047 of 2025

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HC-KAR

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took Kishan Kumar forcibly in their car and demanded a sum of Rs.10,000/- from him. Thereafter, they allegedly transferred a sum of Rs.290/- from his mobile through phone pay and took Kishan Kumar to Kundapura in the same car and at about 09.30 p. m. on 25.12.2023, after reaching Kundapur, they had stopped their car near a bar and restaurant to purchase liquor. At that time, Kishan Kumar tried to escape from the car and the inmate, who was inside the car allegedly assaulted him with a knife. When Kishan Kumar started shouting, people gathered near the car and after leaving Kishan Kumar, the accused persons managed to escape from the spot.

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In respect of the alleged incident that had taken place on 25.12.2023, FIR has been belatedly lodged in the present case against unknown persons on 03.01.2024 which is after a lapse of nearly 9 days from the alleged date of incident. In the first information, it is stated that accused persons had assaulted injured victim Kishan Kumar with a knife on the night of 25.12.2023 at about 09.30 p. m. However, the wound certificate of injured victim Kishan Kumar would go to show that he was treated in a Government Hospital at Kundapura on

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5 - NC: 2025:KHC:53287 CRL.P No. 14047 of 2025

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HC-KAR

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26.12.2023 and he had given a history of assault that on 25.12.2023 at about 10.00 a. m., he was assaulted at Gangolli in Kundapura Taluk. Further, in the first information, it is stated that from the Hospital in which he was treated at Kundapura, information was sent by the Doctors to the jurisdictional police station, who had come to the Hospital and recorded the statement of injured victim. However, no criminal case has been registered based on such information allegedly submitted by the injured victim at Kundapura to the jurisdictional police on 26.12.2023.

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In the present case, the victim has suffered only simple injuries in the incident in question. It is brought to the notice of this Court that in the other criminal case registered against the petitioner which is pending trial in SC No.878/2024, petitioner has been granted regular bail by the Trial Court on 28.08.2025. Except the aforesaid case, the petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

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6 - NC: 2025:KHC:53287 CRL.P No. 14047 of 2025

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HC-KAR

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The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.830/2024 pending before the Court of 59^th Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.5/2024 registered by Jnanabharathi Police Station, Bengaluru, for the offences punishable under Sections 364A, 385 and 307 of IPC, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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HC-KAR

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f) The petitioner shall mark his attendance before the Station House Officer, Jnanabharathi Police Station, Benglauru, on first Sunday of every month between 10.00 a.m. and 01.00 p.m. till the case registered against him is disposed off before the Trial Court.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN List No.: 1 Sl No.: 1

Mr Sanjay T v. the State of Karnataka

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Mr Sanjay T v. the State of Karnataka

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