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

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

What the court decided

AI extract

Outcome

Petitioner-accused No.9 (Sri Mohan Kumar) enlarged on regular bail in Crime No.0209/2024 of Chikkamagaluru Town Police, on file of Prl. Civil Judge (Sr.Dn.) and CJM Court at Chikkamagaluru, subject to conditions: (i) furnish bond of Rs.50,000/-; (ii) co-operate with the Investigating Officer; (iii) not threaten or lure prosecution witnesses; (iv) not leave territorial limits without prior permission of the Investigating Officer; (v) not tamper with prosecution evidence directly or indirectly.

Issue for consideration

Whether the petitioner/accused No.9, facing investigation for offences under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2) and 351(2) r/w Section 190 of BNSS 2023 in Crime No.209/2024, is entitled to be enlarged on regular bail.

Court's answer

The specific allegation of assault is against accused Nos.1 to 3 and not against the petitioner/accused No.9; the only allegation against the petitioner is that he is one of the members of the unlawful assembly.

Ratio / Principle

In view of the limited role attributed to him (membership of unlawful assembly alone) and his custody since 04.12.2024, the petitioner made out a prima facie case for enlargement on bail; accordingly the petition was allowed and he was enlarged on bail in Crime No.0209/2024, subject to conditions including furnishing a bond of Rs.50,000/-, co-operation with the Investigating Officer, not threatening or luring witnesses, not leaving territorial limits without prior permission of the Investigating Officer, and not tampering with prosecution evidence.

Detailed headnote1 paragraphs

Criminal Petition No.173 of 2025 (u/S 439 Cr.P.C / 483 BNSS) — High Court of Karnataka at Bengaluru (Hemant Chandangoudar J.; order dated 10-01-2025; corrected vide chamber order dated 22-01-2025). Accused No.9 (Sri Mohan Kumar) in Crime No.209/2024 of Chikkamagaluru Town Police Station, for offences punishable under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2) and 351(2) r/w Section 190 of BNSS 2023, granted regular bail. Held: the specific allegation of assault was against accused Nos.1 to 3 and not against accused No.9, whose only alleged role was membership of the unlawful assembly; the accused was in judicial custody since 04.12.2024 and the victims' statements had been recorded under Section 183 of BNSS, 2023; therefore a prima facie case for bail was made out. Bail granted subject to a bond of Rs.50,000/- and conditions of co-operation with investigation, non-inducement/threatening of witnesses, territorial restriction, and non-tampering with evidence. No precedents were cited or relied upon.

1 - NC: 2025:KHC:1011 CRL.P No.173 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 173 OF 2025 (439(CR.PC) / 483(BNSS))

BETWEEN:

SRI MOHAN KUMAR S/O HOOVEGOWDA AGED 44 YEARS R/A BEERALINGESHWARA NILAYA NEAR MASJID, DANTARAMKKI, JYOTINAGARA POST, CHIKKAMAGALURU CITY-577 101.

… PETITIONER

(BY SRI. SANTOSH RAJ URS AND SRI. KIRAN B Y, ADVOCATES)

AND:

STATE OF KARNATAKA, BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01.

… RESPONDENT

Digitally signed by B K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:48 +0530

(BY SRI.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.9 ON REGULAR BAIL IN CRIME NO.209/2024 BY THE CHIKKAMAGALURU TOWN POLICE CHIKKAMAGALURU FOR THE OFFENCE P/US/ 189(2),189(4),126(2),352,109(1),118(1),115(2) AND 351(2) R/W SEC.190 OF BNSS 2023 AND PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT, CHIKKAMAGALURU.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

Learned High Court Government Pleader is directed to accept notice for respondent-State.

The petitioner/accused No.9, who is facing investigation for the offence punishable under Sections 189(2),189(4), 126(2), 352, 109(1), 118(1), 115(2) and 351(2) read with Section 190 of BNSS 2023, is before this Court seeking to enlarge him on bail.

Heard the learned counsel for petitioners-accused and learned HCGP.

The case of the prosecution that on 03.12.2024 at about 4.00 p.m, when the respondent Nos.2 and 3 – injured victims, were walking near Sanjeevini school, Chikkamagaluru city, one Manu, Saif Ali Khan and Mallikarjuna were spotted having suffered bleeding injuries on their person. On seeing them, the respondent Nos.2 and 3 asked them about the same. At that time, the said persons told them that there was galata between them and bar people with respect to the payment of the bill yesterday. Therefore, today when they were near Salumaradamma temple, people from the bar came and assaulted them with Katti, rod and clubs.

Subsequently, the respondent Nos.2 and 3 took them to M.G Hospital, Chikkamagaluru for treatment in a vehicle. Further at about 5.15 p.m, when the respondent Nos.2 and 3 were passing through the Ganapathi temple road, Kalyananagara,

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Chikkamagaluru city, at that time, Naga, Suresh, Yashavantha, Dilip, Jim Sharu, Jim Pradeepa, Chatri Kumara, Bharath, Abhi @ Bhukampa, Kulla Raki, Baddi Raki, Baddi Raju, Theja, Darshan @ Hali, Mohan, Ramesha, Devu, Bharatha @ Bathu, Dilipa @ Chotu, Chave and others came on motorcycles carrying rods, clubs and surrounded and abused them in filthy language. One Baddi Raki assaulted respondent No.2 on the head, due to which the respondent No.2 sustained bleeding injury on his middle of the head. Thereafter Naga @ Thale Mullu punched on the forehead of the respondent No.2. Other persons assaulted the respondent No.2 with clubs on his person in order to do away his life.

Chathri Kumara assaulted on the head of respondent No.3 with Katti. Dilip assaulted him with rod on his right side forehead. Due to the same, the respondent Nos.2 and 3 fell down and at that time, all the said persons kicked them with legs and due to the same, the respondent Nos.2 and 3 shouted loudly and on hearing the same, one Shreyas, Suhas, Dhanu and Kiran came to the place of incident and pacified the scuffle. All the persons threatened the respondent Nos.2 and 3 to do away their lives in future and thereby they went in their motorcycles. Thereafter Shreya, Suhas, Dhanu and Kiran took the respondent Nos.2 and 3 to the District Hospital, Chikkamagaluru for treatment.

The petitioner-accused No.9 was in judicial custody since 04.12.2024 and statement of the victims have been recorded under Section 183 of BNSS, 2023. The specific allegation of assault is against accused Nos.1 to 3 and not against the

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petitioner/accused No.9 herein. The only allegation against the petitioner herein is he is one of the members of unlawful assembly.

In the light of the above, the petitioner established a prima facie case for enlarging him on bail. Accordingly, petition is allowed .

The petitioner-accused No.9 is enlarged on bail in Crime No.0209/2024 registered by the Chikkamagaluru Town Police, Chikkamagaluru on the file of Prl. Civil Judge(Sr.Dn.) and CJM Court at Chikkamaluru, subject to the following conditions:

(i) The petitioner-accused No.9 shall furnish bond for a sum of Rs.50,000/- (Rupees FIFTY THOUSAND only);

(ii) He shall co-operate with the Investigating Officer for the purpose of investigation;

(iii) He shall not threaten the prosecution witnesses or lure in any manner;

(iv) He shall not leave the territorial limits without prior permission of the Investigating Officer;

(v) He shall not tamper with the prosecution evidence directly or indirectly.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

JTR/CT:BCK

*Corrected vide chamber order dated: 22.01.2025.

Sd/JUDGE