Dismissed¶27

Rakesh @ Raku v. State by

Karnataka HC9 Apr 2025CRL.P/2867/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 2867 of 2025; decided 09.04.2025 by S VISHWAJITH SHETTY, J; bail under S.439 Cr.P.C. / S.483 BNNS; accused No.15; SC.No.346/2023; Crime No.128/2022; Seshadripuram Police; custody since 27.09.2022; trial commenced; CWs.4, 32, 35 to 37 to be examined on priority; petition dismissed as not pressed with liberty to file fresh bail petition; NC: 2025:KHC:15200.

What did the court decide?

Liberty to file a fresh bail petition after examination of the material charge sheet witnesses (CWs.4, 32, 35 to 37) is completed before the Trial Court; Trial Court and prosecution requested to examine those witnesses on priority. ¶27

Rakesh @ Raku Vs State by — Bail and Remand | Karnataka HC (2025)

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NC: 2025:KHC:15200 CRL.P No. 2867 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09^TH DAY OF APRIL, 2025 BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 2867 OF 2025

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BETWEEN:

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RAKESH @ RAKU S/O LATE ANANDH AGED ABOUT 21 YEARS, R/AT NO. 20 RAMAKRISHNA SEVA NAGARA 7^TH MAIN SRIRAMAPURA BENGALURU CITY – 560 021.

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…PETITIONER

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(BY SRI. VINOD N, ADVOCATE)

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AND:

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STATE BY SESHADRIPURAM POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.

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…RESPONDENT

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(BY SRI. K NAGESHWARAPPA, HCGP)

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER I.E., ACCUSED NO.15 ON BAIL IN SC.NO.346/2023 I.E., CRIME NO.128/2022 REGISTERED BY THE SESHADRIPURAM POLICE PENDING ON THE FILE OF THE COURT LXI ADDL. CITY CIVIL SESSIONS JUDGE, BENGALURU AND ETC.,

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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:15200 CRL.P No. 2867 of 2025

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ORAL ORDER

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Learned counsel for the petitioner after arguing the matter for sometime submits that the petitioner who is arrayed as accused No.15 in the charge sheet is a youngster having no criminal antecedents. He is in custody from 27.09.2022 onwards. Though trial in this case has commenced, efforts are not made to examine the material charge sheet witnesses, namely, CWs.4, 32, 35 to 37 on priority before the Trial Court. In the said event there could be a delay in completion of the trial. Therefore, he submits that the petition may be dismissed as not pressed with a direction to the Trial Court to examine the material charge sheet witnesses on priority.

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Learned HCGP who has opposed the petition on merits does not oppose the prayer now made by the learned counsel for the petitioner and submits that the efforts will be made before the Trial Court to examine the aforesaid charge sheet material witnesses on priority.

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Submission made on both sides are placed on

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record.

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NC: 2025:KHC:15200 CRL.P No. 2867 of 2025

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Petition is dismissed as not pressed with liberty to

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the petitioner to file a fresh petition after examination of the aforesaid charge sheet witnesses is completed before the Trial Court.

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Considering petitioner's incarceration and also his

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age, the Trial Court as well as the prosecution are requested to examine the material charge sheet witnesses, namely, CWs.4, 32, 35 to 37 on priority before the Trial Court.

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SD/(S VISHWAJITH SHETTY) JUDGE

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List No.: 1 Sl No.: 51

Rakesh @ Raku v. State by

Case brief

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Rakesh @ Raku v. State by

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