Sri Narasimha Murthy Vs State by Byatarayanaprua Police

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NC: 2025:KHC:20149 CRL.P No. 5128 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2025 BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5128 OF 2025

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BETWEEN:

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SRI NARASIMHA MURTHY AGED ABOUT 36 YEASR S/O LAKSHMAIAH R/AT NO 79, HANUMANTHANAHALLI RAMANAHALLI, TUMAKURU - 572 228 PRESENTLY R/AT NO 23, 3RD MAIN NEAR BOOTHAPPA TEMPLE NAGADEVANAHALLI, BENGALURU - 560 056 THE PETITIONER IS AN UNDER TRAIL PRISONER IN JUDICIAL CUSTODY

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…PETITIONER

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(BY SRI SURESH S, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE BY BYATARAYANAPRUA POLICE BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR DR B R AMBEDKAR VIDHI HIGH COURT BUILDING BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM ON BAIL IN SC NO.22/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(1), 140(2) AND 309(6) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 IN CRIME

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NC: 2025:KHC:20149 CRL.P No. 5128 of 2025

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HC-KAR

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NO.380/2024 OF BYATARAYANAPURA POLICE, BENGALURU, PENDING ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-70), BENGALURU CITY ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE IN THE CIRCUMSTANCES OF THE CASE.

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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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ORAL ORDER

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Accused No.4 in S.C.No.325/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge (CCH-70), Bengaluru, arising out of Crime No.380/2024 registered by Byatarayanapura Police Station, Bengaluru for the offences punishable under Sections 61(1), 140(2) and 309(6) of the BNS, 2023 is before this Court under Section 483 of the BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.380/2024 was registered by

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Byatarayanapura Police Station, Bengaluru, initially for the offences punishable under Sections 140(2) and 309(6) of the BNS, 2023 against unknown three persons based on the first

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3 - NC: 2025:KHC:20149 CRL.P No. 5128 of 2025

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HC-KAR

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information dated 30.11.2024 received from Hasim, S/o Abdul Reheman. During the course of investigation, the petitioner herein was arrested on 05.12.2024 and after completing investigation, charge sheet has been filed against four persons. The petitioner is arraigned as accused No.4 in the charge sheet. The bail application filed before the Sessions Court in Crl.Misc. No.1955/2025 was rejected on 18.03.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused No.1 as against whom similar allegation is found in the charge sheet has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.2621/2025 disposed of on 05.04.2025 and accused No.3 has been granted regular bail by this court in Crl.P.No. 5603/2025 disposed of on 05.06.2025. Petitioner who has no criminal antecedent is in custody from 05.12.2024. Accordingly, he prays to allow the petition.

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Per contra , learned HCGP has opposed the petition.

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Perusal of the material on record would go to show

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that the first informant had approached the Police on 30.11.2024 and submitted first information wherein it is averred that on 29.11.2024, when the first informant was

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HC-KAR

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waiting near City Market Metro station to return to his home town in Kerala, at about 9:10 p.m., three strangers representing themselves as police officers took him along with them in a car. Thereafter, they assaulted the first informant and had drawn a sum of Rs.15 Lakhs and had abandoned him near nice road and had escaped in a car bearing No.KA-06 MA8971. During the course of investigation, the Police have arrested totally four persons and charge sheet is now filed wherein the petitioner is arraigned as accused No.4.

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Material on record would go to show that during the course of the investigation totally a sum of Rs.5 lakhs has been recovered from accused No.1 and a sum of Rs.3 Lakhs has been recovered from accused No.3. The petitioner herein is arraigned as accused No.4 in the charge sheet. Accused No.1 has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.2621/2025 disposed of on 05.04.2025 and accused No.3 has been granted regular bail by this court in Crl.P.No. 5603/2025 disposed of on 05.06.2025. Undisputedly, the petitioner has no other criminal antecedents. Under these circumstances, I am of the opinion that the prayer made by the

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NC: 2025:KHC:20149 CRL.P No. 5128 of 2025

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HC-KAR

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petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

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O R D E R

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.380/2024 of Byatarayanapura Police Station, Bengaluru, registered for the offences punishable under Sections 61(1), 140(2) and 309(6) of the BNS, 2023, subject to the following conditions:

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i. The petitioner shall execute personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;

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ii. 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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