Sri. Prabhu Kumar M Vs the State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN S.C NO.55/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 103, 189(2), 190, 191(2), 191(3), 61(2) OF BNS 2023 ARISING OUT OF CRIME NO.148/2024, REGISTERED BY NANDAGUDI POLICE, WHICH IS NOW PENDING ON THE FILE OF VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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2 - NC: 2025:KHC:21261 CRL.P No. 5443 of 2025

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HC-KAR

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ORAL ORDER

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Accused No.4 in S.C.No.55/2025 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District arising out of Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru, for the offences punishable under Sections 103, 189(2), 190, 191(2), 191(3), & 61(2) of BNS, 2023 is before this Court under Section 483 of BNS, 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.148/2024 was registered by Nandagudi Police Station, Bengaluru for the aforesaid offences against unknown persons, on the basis of first information dated 13.07.2024 received from Sri Shashank, who is the brother of deceased Bhargav V. During the course of investigation, the petitioner herein was arrested on 15.07.2024 and subsequently remanded to judicial. After completing investigation, charge sheet has been filed

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3 - NC: 2025:KHC:21261 CRL.P No. 5443 of 2025

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HC-KAR

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against five persons and the petitioner herein is arraigned as accused No.4 in the charge sheet.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.55/2025 was dismissed on 03.04.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that, in the test identification parade that was held, the petitioner has not been identified. FIR has been registered against unknown persons. The petitioner, who has no criminal antecedents is in custody from 15.07.2024. Accused No.2 as against whom similar allegation is found in the charge sheet has been granted regular bail by this Court in Crl.P.No.459/2025 disposed of on 07.03.2025. Accordingly, he prays to allow the petition.

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

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4 - NC: 2025:KHC:21261 CRL.P No. 5443 of 2025

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HC-KAR

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FIR in the present case was registered against 4-5 unknown persons, based on the first information received from Shashank, who is the brother of deceased Bhargav. During the course of investigation, the petitioner was arrested on 15.07.2024. After completing investigation, charge sheet has been filed against five persons. In the charge sheet it is alleged that, accused Nos.1 and 2, who are brothers had ill-will against deceased Bhargav and his brother Shashank and therefore they decided to eliminate the deceased on the alleged date of incident.

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On the alleged date of incident, accused Nos.1 to 5 had allegedly followed the car, in which Bhargav was traveling. The said car had met with an accident and therefore Bhargav was standing on the road side and the accused persons, who arrived at the said spot allegedly assaulted Bhargav with deadly weapons and committed his murder. The allegation of assaulting Bhargav with deadly weapons is found against all the accused persons.

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5 - NC: 2025:KHC:21261 CRL.P No. 5443 of 2025

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HC-KAR

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Assailants were strangers to the alleged

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eyewitnesses. CWs.2 to 4 are the alleged eye witnesses to the incident in question. It is not in dispute that the petitioner has not been identified in the test identification parade, that was held subsequent to the arrest of accused persons. Undisputedly, the petitioner has no criminal antecedents. Accused No.2 as against whom similar allegations are found has been granted regular bail by this Court in Crl.P.No.459/2025 disposed of on 07.03.2025. 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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10. Accordingly, the following:

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ORDER

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Criminal Petition is allowed.

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The petitioner is directed to be enlarged on bail in S.C.No.55/2025 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District arising

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6 - NC: 2025:KHC:21261 CRL.P No. 5443 of 2025

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HC-KAR

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out of Crime No.148/2024 registered by Nandagudi Police Station, Bengaluru, for the offences punishable under Sections 103, 189(2), 190, 191(2), 191(3), & 61(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 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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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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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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NMS

Sri. Prabhu Kumar M v. the State of Karnataka

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Sri. Prabhu Kumar M v. the State of Karnataka

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