Singamalai M Vs State of Karnataka

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1 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF APRIL, 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. 3776 OF 2025

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BETWEEN:

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SINGAMALAI M S/O MUNISWAMY AGED ABOUT 25 YEARS R/A NO.52, VV GIRI COLONY, SHESHADRIPURAM, BANGALORE - 560 020 (AS PER CHARGE SHEET SINGAMALAI @ PRAKASH AGED 23 YEARS)

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…PETITIONER

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Digitally signed by SWAPNA V Location: High Court of Karnataka

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(BY SRI. SHANKARAPPA S., ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH SHESHADHRIPURAM P.S REP BY SPP, HIGH COURT COMPLEX BANGALORE - 560 001

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…RESPONDENT (BY SMT. PUSHPALATHA B., ADDL.S.P.P.)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL U/S 483 BNSS IN THE SC.NO.216/2025 ON THE FILE OF THE HONBLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-53) IN CR.NO.78/2024 OF SHESHADRIPURAM POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 103(1), 126(2), 61(2), 190 OF BNS, 2023 AND 4, 25(1)(B)(B) OF ARMS ACT, 1959.

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2 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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THIS CRL.P, 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.2 in S.C.No.216/2025 pending before the Court of LII Additional City Civil and Sessions Judge, Bangalore(CCH-53), arising out of Crime No.78/2024 registered by Sheshadripuram Police Station, Bengaluru, for offences punishable under Section 103(1), 126(2), 61(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') Section 4, 25(1B)(b) of Arms Act, 1959 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.78/2024 was registered by

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Sheshadripuram Police Station, Bengaluru initially for the offence punishable under Sections 103(1), 3(5) and 61(2) of BNS against Naga and others based on the first information dated 01.08.2024 received from Charulatha.K, wife of the

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deceased - Ajithkumar.K. Petitioner was arrayed as accused No.11 in the FIR. He was arrested during the course of

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3 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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investigation on 04.08.2024. After completing investigation, charge sheet has been field against 13 persons and petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner in Crl.Mis.No.1192/2025 before the Jurisdictional Sessions Court which was rejected on 24.02.2025. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody from 04.08.2024. Only allegation against the petitioner is that he was present along with accused No.1 at the alleged spot of crime when accused No.1 assaulted deceased - Ajithkumar.K with a machete and committed his murder. Petitioner has not assaulted the deceased. Accused Nos. 3 to 6, 8, 9, 10, 12, 13 and 14 have been granted regular bail by this court.

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Per contra, learned Additional SPP has opposed the petition. She submits that accused persons who have been granted regular bail in the present case were not present at the spot of crime and allegations as against them is about conspiracy. So far as the petitioner is concerned, he was present along with accused No.1 and he had intercepted the

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4 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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motor bike of the deceased and made him fall on the ground. Accordingly, she prays to dismiss the petition.

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Perusal of the material on record would go to show that deceased-Ajithkumar.K was an accused in Crime No.128/2022 registered by Sheshadripuram police station for committing murder of Ganesh @ Ganesh Raj, who is the son of accused No. 3 and brother of accused No. 12 and 13. Allegation in the charge sheet against the accused person is that accused Nos.3, 4, 12 and 13 had conspired with the other accused to commit the murder of Ajithkumar.K and in furtherance of said conspiracy, accused No.3 had given supari to accused Nos.1, 2, 5 to 11 and 14 to commit the murder of Ajithkumar.K. Ajithkumar.K, who was arrested in Crime No.128/2022 was subsequently enlarged on bail and on 01.08.2024 at about 3.38pm, when Ajithkumar.K was riding his motor bike, accused Nos.1 and 2 who followed him in another motor bike bearing Reg.No.KA-04-JW-5380 intercepted the motor bike of Ajithkumar.K and thereafter, assaulted him with deadly weapons and committed his murder.

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Perusal of the allegations found in the first information would go to show that, allegation against the

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5 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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petitioner who is arrayed as accused No.2 in the charge sheet is that, he was riding the motor bike bearing Reg.No.KA-04-JW5380 and had intercepted the motor bike of Ajithkumar.K and made him fall on the ground. Accused No.1, who was riding pillion along with the petitioner, got down from the motor bike and assaulted Ajithkumar.K on his head with a machete and committed his murder. There is no allegation as against the petitioner about he assaulting Ajithkumar.K at the spot of crime on 01.08.2024. Undisputedly, petitioner has no other criminal antecedents. CW-2 is the sole eye-witness to the alleged crime that had taken place on 01.08.2024. Statement of CW-2 has been recorded under Section 161 of Cr.PC on 20.08.2024. The statement of CWs-3 to 5 who are also the other alleged material charge sheet witnesses have been recorded subsequent to 20.08.2024. Therefore, it is very clear that statement of all material charge sheet witnesses have been recorded belatedly in the present case by the police. Investigation of the case is completed and charge sheet has been filed. Petitioner who has no other criminal antecedents is in custody from 04.08.2024. Other accused persons as against whom there is an allegation of conspiracy to commit the

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6 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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murder of deceased-Ajithkumar.K have been granted regular bail by this Court in Crl.P.No.13335/2024, Crl.P.No.14041/2024, Crl.P.No.255/2025, Crl.P.No.106/2025, Crl.P.No.511/2025, Crl.P.No.2162/2025 & Crl.P.No.3618/2025. Under such circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 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.78/2024 registered by Sheshadripuram Police Station, Bengaluru, for offences punishable under Section 103(1), 126(2), 61(2) and 190 of BNS and Section 4, 25(1B)(b) of Arms Act, 1959, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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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7 - NC: 2025:KHC:14695 CRL.P No. 3776 of 2025

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

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

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e) 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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List No.: 1 Sl No.: 71

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SPV

Singamalai M v. State of Karnataka

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Singamalai M v. State of Karnataka

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