Sri Rohith R Vs State of Karnataka

STATE OF KARNATAKA REPRESENTED BY TUMKUR TOWN POLICE STATION, TUMKUR REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. N. ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.237/2024 PENDING BEFORE THE PRL.SENIOR CIVIL JUDGE AND C.J.M TUMAKUR (CR.NO.296/2024) OF TUMKUR TOWN P.S FOR THE OFFENCE P/U/S 54, 61, 109(2) R/W3(5) OF BNS 2023 BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE.

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NC: 2025:KHC:12509 CRL.P No. 1674 of 2025

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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 Crime No.296/2024 registered by

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Tumakuru Town Police Station, Tumakuru District for offences punishable under Sections 54, 61, 109(2) read with Section 3(5) of BNS 2023, 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.296/2024 was registered by

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Tumakuru Town Police Station, Tumakuru against the petitioner and others for the aforesaid offences based on

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the first information dated 22.07.2024 received from Pavan P N, who is one of the injured witness in the present case.

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During the course of investigation of the case, petitioner herein was arrested on 26.07.2024 and

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subsequently remanded to judicial custody. After completion of the investigation, chargesheet has been filed against eight persons and petitioner is arraigned as accused No.1 in the chargesheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.1598/2024 was rejected on 28^th October, 2024. He had filed Crl.P.No.12754/2024 which was dismissed as withdrawn with liberty to file fresh petition. Therefore, petitioner is before this Court in this successive petition.

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Learned Counsel for the petitioner submits that allegation of assaulting the injured is against accused Nos.1 and 4. Accused No.4 has been granted regular bail by this Court in Crl.P.No.12453/2024 disposed off on 16^th December, 2024. As a result of assault made by the petitioner, injured victim (C.W-2) as suffered only simple injuries. Petitioner's right leg is amputated above knee. Accordingly, he prays to allow this petition.

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Per contra , learned HCGP has opposed the

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petition. She submits that petitioner is a person with criminal antecedents and his involvement in the present case is spoken to by the injured eye-witness. Accordingly, she prays to dismiss this petition.

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Perusal of the averments found in the first information as well as in the chargesheet would go to show that the injured victims namely C.W-1 and C.W-2 were the friends of the petitioner and other accused in the present case and the petitioner allegedly had a vengeance against them for the reason that they had not come to the jail when he was in custody in another criminal case and also for the reason that C.W-1 and C.W-2 had started their own illegal business independently. It is in this background, on 21.07.2024 when C.W-1, C.W-2 and their friends were consuming alcohol in a lay out within the jurisdiction of Tumakuru Town Police Station, at about 9:30 p.m. accused Nos.1 and 4, who came there, after abusing C.W-1 and C.W-2 allegedly assaulted them with

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deadly weapons. Allegation of assaulting C.W-1 with a long is as against accused No.4 and petitioner herein allegedly had assaulted C.W-2 with a machete on his neck. Wound certificate of C.W-2 would go to show that C.W-2 had suffered only simple injuries in the incident in question.

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Petitioner's earlier bail application in Crl.P.No.12754/2024 was dismissed as withdrawn with liberty to file a fresh petition. It is brought to the notice of this that petitioner's right leg has been amputated above knee and accused No.4 as against whom similar allegation is found in the chargesheet has been already enlarged on bail by this Court in Crl.P.No.12453/2024. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.296/2024 registered by Tumakuru Town Police Station, Tumakuru District for offences punishable under Sections 54, 61, 109(2) read with Section 3(5) of BNS 2023, subject to the following conditions:

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

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b) The petitioner shall appear before the Station House Officer of Tumakuru Town Police Station, Tumakuru on the first Sunday of every month and mark his attendance between 10:00 a.m. and 1:00 p.m. a further period of six months;

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

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NC: 2025:KHC:12509 CRL.P No. 1674 of 2025

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

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f) 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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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR List No.: 1 Sl No.: 62 CT: BHK

Sri Rohith R v. State of Karnataka

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Sri Rohith R v. State of Karnataka

Case brief

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