Shivananda. v. @ Shivu Vs State of Karnataka by

SHIVANANDA V @ SHIVU S/O VINAYAKA MURTHY N AGED ABOUT 23 YEARS R/AT NO 1-56/1, SHIVANILAYA DUGGALADKA VILLAGE AND POST SULLIA TALUK, DAKSHINA KANNADA DISTRICT - 574 248.

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…PETITIONER

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(BY SMT. GNANESHWARI M, ADV.)

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AND:

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STATE OF KARNATAKA BY SOMWARPET POLICE, KODAGU REP. BY STATE PUBLIC PROSECUTOR BANGALORE - 560 002.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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(BY SMT. PUSHPALATHA B, ADDL SPP, FOR SRI VINAY MAHADEVAIAH, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENALRGE THE PETITIONER (ACCUSED NO.8) ON BAIL IN CR.NO.86/2024 (C.C.NO.474/2024) FOR AN OFFENCE P/U/S 310(2) OF BNS OF RESPONDENT SOMWARPET POLICE STATION, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT SOMWARPET.

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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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NC: 2025:KHC:10033 CRL.P No. 2442 of 2025

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ORAL ORDER

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Accused No.8 in Crime No.86/2024 registered by

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Somwarpet Police Station, Kodagu District for the offence punishable under Section 310(2) of BNS, 2023 is before

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this Court under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.86/2024 was registered by

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Somawarpet Police Station, Kodagu District for the aforesaid offences, on the basis of first information dated 29.07.2024 received from Sri Nemaraj K.M S/o Late Mallappa. During the course of investigation of the case, the petitioner herein was arrested on 31.08.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed.

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The bail application filed by the petitioner

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before the jurisdictional Sessions Court in

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3 - NC: 2025:KHC:10033 CRL.P No. 2442 of 2025

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Crl.Misc.No.442/2024 was dismissed on 23.11.2024. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner submits that the allegation as against accused Nos.8 and 9 are similar. The petitioner has no other criminal antecedents. Accused No.9 has been granted regular bail by this Court in Crl.P.No.14199/2024. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner.

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The allegation as against accused Nos.8 and 9 in the present case is that they came in a two wheeler to the alleged spot of incident and accused No.8 allegedly threw chilly powder on the face of first informant and three other accused persons who came to the spot in a car and accused No.9 allegedly tried to snatch the bag which the first informant had kept in his scooter. When the wife of the first informant tried to resist the act one amongst

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NC: 2025:KHC:10033 CRL.P No. 2442 of 2025

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the accused had assaulted her with a steel flask on her head and caused injury. Thereafter, accused persons took away the bag and escaped from the spot.

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8. Considering the fact that accused No.9 was not

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identified in the present case in the manner known to law, he has been granted regular bail by this Court in Crl.P.No.14199/2024. The allegation against the petitioner as well as accused No.9 who has been granted regular bail by this Court is almost similar. Even the petitioner has no other criminal antecedents and he has also not been identified in the present case in the manner known to law.

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9. Investigation of the case is complete and

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charge sheet has been filed. The alleged offence is not exclusively punishable with death or life imprisonment. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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NC: 2025:KHC:10033 CRL.P No. 2442 of 2025

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Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in Crime No.86/2024 registered by Somwarpet Police Station, Kodagu District for the offence punishable under Section 310(2) of BNS, 2023, subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees

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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 regularly

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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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