Madesha Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.195/2025 OF PARAPPANA AGRAHARA P.S PENDING ON THE FILE OF IX ACJM COURT AT BANGALORE CITY IN CC No.35777/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 308(2),70(1),R/W 3(5) 127(2), 329(4), 61(2)(a), 77 OF BNS AND SEC.66E OF I.T ACT.

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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.4 under Section 483 of BNSS praying to grant bail in Crime No.195/2025 of Parappan Agrahar Police Station registered for offences punishable under Sections 308(2), 70(1) read with Section 3(5), 127(2), 329(4), 61(2)(a), 77 of BNS and Section 66E of Information Technology Act.

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Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

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Learned counsel for the petitioner would

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contend that there are contradictions in the averments of the complaint and further statement of C.W.1. C.W.1 is

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3 - NC: 2025:KHC:53210 CRL.P No. 14429 of 2025

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HC-KAR

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sex worker. There is no role of the petitioner in the alleged rape of C.W.1 and assaulting her. The medical report indicates no signs of use of force and no injuries over the body of the C.W.1. The history mentioned before the doctor is contrary to the averments of the complaint. There is no money transfer from C.W.1 to the petitioner. The charge sheet has been filed and therefore, the petitioner is not required for further custodial interrogation. With this, he prays to allow the petition.

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Per contra , learned Additional SPP for the respondent –State would contend that the accused Nos.2, 3, 4 and this petitioner have entered the house of the victim and took away the refrigerator, washing machine and TV. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition.

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Having heard learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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4 -

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NC: 2025:KHC:53210 CRL.P No. 14429 of 2025

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HC-KAR

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As per charge sheet, there is an allegation of

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sexual assault on C.W.1 by accused Nos.1 to 3. There is no allegation of sexual assault by this petitioner on C.W.1. The allegation against the petitioner is that he entered the house along with accused Nos.2 and 3 and all accused Nos.2 to 4 took away the refrigerator, washing machine and TV in the house wherein C.W.1 was present at the time of the incident. The said articles namely refrigerator, washing machine and TV are recovered from the house of accused No.1. The petitioner is in judicial custody since 09.07.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The petitioner is not having any criminal antecedents. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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5 - NC: 2025:KHC:53210 CRL.P No. 14429 of 2025

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HC-KAR

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ii) The petitioner is granted bail in Crime

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No.195/2025 of Parappan Agrahar Police Station subject to following conditions:

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a) The petitioner –accused No.4 shall execute a personal bond for the sum of Rs.1,00,000/with one surety for the likesum to the satisfaction of the jurisdiction Court.

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b) The petitioner –accused No.4 shall not tamper the prosecution witnesses either directly or indirectly.

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c) The petitioner –accused No.4 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 2 Sl No.: 23 Ct.sm

Madesha v. State of Karnataka

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Madesha v. State of Karnataka

Case brief

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