Allowed¶44

Sri. Ganesha v. State of Karnataka

Karnataka HC6 Mar 2025CRL.P/2494/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 2494 of 2025; Justice S Vishwajith Shetty; order dated 06.03.2025; regular bail under S.439 Cr.PC (captioned as filed u/s 483 BNNS as printed); accused No.2 Ganesha in S.C.No.18/2025 (Crime No.165/2024, Nanjanagudu Rural Police Station) for Sections 126(2), 352, 118(1), 103(1) R/w 3(5) BNS, 2023; Sessions Court bail dismissal dated 05.02.2025; bail allowed with Rs.1,00,000 personal bond and two sureties.

What did the court decide?

Petitioner/accused No.2 directed to be enlarged on regular bail in S.C.No.18/2025, subject to execution of a personal bond of Rs.1,00,000 with two sureties for the likesum and conditions of regular court appearance, non-tampering with prosecution witnesses, and non-involvement in similar offences. ¶44

Sri. Ganesha Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:9592 CRL.P No. 2494 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 2494 OF 2025

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BETWEEN:

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SRI GANESHA S/O GURUSIDDASHETTY AGED ABOUT 23 YEARS RESIDING AT HUNASANALU VILLAGE NANJANGUD TALUK MYSURU DISTRICT - 571 312. (PRESENTLY IN J.C)

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…PETITIONER

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(BY SRI SRINIVASA D.C, ADV.)

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AND:

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STATE OF KARNATAKA BY NANJANGUD RURAL POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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…RESPONDENT

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(BY SRI VINAY MAHADEVAIAH, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE CASE REGISTERED BY THE RESPONDENT NANJANGUD RURAL POLICE IN S.C. NO.18/2025 (CR. NO.165/2024) AGAINST THE PETITIONER/ACCUSED NO.2 UNDER SECTION 126 (2), 352, 118 (1), 103 (1) R/W. 3 (5) OF BNS, PENDING ON THE FILE OF THE HONBLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU.

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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:9592 CRL.P No. 2494 of 2025

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ORAL ORDER

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Accused No.2 in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) of BNS, 2023 is before this Court 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.165/2024 was registered by Nanjanagudu Rural Police Station, Mysuru District initially for offences punishable under Sections 126(2), 118(1), 103(1) R/w 3(5) of BNS, 2023 against Mahadevashetty and two others on the basis of first information dated 06.09.2024 received from Mahadevashetty S/o late Rangashetty. During the course of investigation of the case, the petitioner herein was arraigned as accused No.2 in the FIR and was arrested on 09.09.2024. Investigation

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NC: 2025:KHC:9592 CRL.P No. 2494 of 2025

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of the case is complete and charge sheet has been filed and in the charge sheet petitioner herein is arraigned as accused No.2.

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The bail application filed by the petitioner

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before the jurisdictional Sessions Court in S.C.No.18/2025 was dismissed on 05.02.2025. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner submits that petitioner is a person having no criminal antecedents. The only allegation made against him in the charge sheet is that he was present along with accused No.1 who had assaulted deceased and committed his murder. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the

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petition.

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Perusal of the material on record would go to show that, accused No.1 suspected that deceased had illicit relationship with his wife. Therefore, he had ill-will against deceased. On 06.09.2024 at about 10.50 a.m,

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NC: 2025:KHC:9592 CRL.P No. 2494 of 2025

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accused No.1 who has armed with iron rod abused deceased in front of bakery at Koodlapura road, Hunasanalu village within the jurisdiction of Nanjanagudu Rural Police Station and he allegedly asked the petitioner and another juvenile accused to catch hold of deceased and accordingly when accused No.2 and juvenile caught hold of deceased, accused No.1 allegedly assaulted deceased with iron rod and committed his murder. Except aforesaid allegation there is no other allegation as against the petitioner.

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The petitioner who is aged about 23 years has no criminal antecedents and he is in custody from 09.09.2024. Investigation of the case is complete and charge sheet has been filed. The trial in the case is yet to commence. 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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9. Accordingly, the following:

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NC: 2025:KHC:9592 CRL.P No. 2494 of 2025

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ORDER

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The petitioner is directed to be enlarged on bail in S.C.No.18/2025 pending before the Court of I Addl. District & Sessions Judge, Mysuru arising out of Crime No.165/2024 registered by Nanjanagudu Rural Police Station, Mysuru District for the offences punishable under Sections 126(2), 352, 118(1), 103(1) R/w 3(5) 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 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 on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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NC: 2025:KHC:9592 CRL.P No. 2494 of 2025

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

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prosecution witnesses;

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

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Sd /- (S VISHWAJITH SHETTY) JUDGE

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