Sri John Paul Vs State of Karnataka

SRI JOHN PAUL S/O STEPHEL KIREET ROA AGED ABOUT 31 YEARS R/AT NO.583, WARD NO.17 NARASIMHA NAYAKA NAGAR HOLE NARASIPURA HASSAN - 573 211 ALSO AT MR. JOHN PAUL S/O STEPHEL KIREET ROA AGED ABOUT 31 YEARS RESIDING AT NO.47 3RD CROSS, MUNISWAMAPPA LAYOUT CIS CHURCH ROAD, KOTHANUR BENGLAURU - 560 077.

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…PETITIONER

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(BY SRI R.V. SHIVANANDA REDDY, ADV.)

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY HENNUR POLICE STATION BENGALURU, REPRESNETED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. N. ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.157/2025 (CR.NO.244/2024, HENNUR POLICE BENGALURU) FOR THE OFFENCE P/U/S 143,323,302,504,506 R/W 149 OF IPC SAME IS PENDING ON THE FILE OF THE IV ADDL.CITY CIVIL AND SESSIONS JUDGE MAYO HALL UNIT, BENGALURU.

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NC: 2025:KHC:16609 CRL.P No. 5462 of 2025

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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.3 in Crime No.244/2024 registered by Hennur

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Police Station, Bengaluru City, for the offences punishable under Sections 506, 504, 143, 149, 323, 302 IPC is before this Court under Section 439 Cr.PC seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.244/2024 was registered by Hennur Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 323, 324, 307, 504, 506, 149 IPC on the basis of the first information dated 20.05.2024 received from Mathew.J., S/o Joseph who is the injured in the present case. During the course of investigation, petitioner herein was arrested and remanded to judicial custody on 20.05.2024. After completing the investigation, charge sheet has been filed against six persons for the offences punishable under Sections 143, 323, 324, 307, 504, 506, 149 IPC. Injured Udaykumar who was admitted in

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3 - NC: 2025:KHC:16609 CRL.P No. 5462 of 2025

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the hospital, subsequently died on 26.09.2024. Therefore, the offence punishable under Section 302 IPC was invoked against the accused and additional charge sheet was filed for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.157/2025 was rejected on 27.03.2025. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that allegation as against the petitioner and accused no.5 is similar. Accused no.5 has been granted regular bail by this Court in Crl.P.No.2369/2025 disposed of on 17.03.2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned Counsel for the petitioner.

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Perusal of the material on record would go to show that the allegation of assaulting deceased Uday Kumar with a plastic pipe is as against accused no.1. Accused nos.3 & 5 assaulted the deceased with their hands and legs and accused no.2 allegedly lifted Uday Kumar and had dropped him to ground. In

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NC: 2025:KHC:16609 CRL.P No. 5462 of 2025

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paragraph 9 of the order dated 17.03.2025 passed in Crl.P.No.2369/2025 while granting bail to accused no.5, it is observed as under:

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"9. Perusal of the material on record would go to show that, immediately after assault was made by the accused persons, they had used the mobile phone of CW1 and had informed CW.23, who is the father of CW.1 about the assault made by them and thereafter they had left the spot. The injured Uday Kumar who was admitted in the hospital has subsequently died in the hospital on 26.09.2024. The postmortem report of the deceased would reveal that the death is due to " Septicaemia as a result of consolidation of lungs" . Undisputedly, the petitioner has no criminal antecedents. ………"

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Undisputedly, petitioner herein also has no other criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively on the ground of parity. Accordingly, the following order:

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Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.244/2024 registered by Hennur Police Station, Bengaluru City for the offences punishable under

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NC: 2025:KHC:16609 CRL.P No. 5462 of 2025

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Sections 506, 504, 143, 323 & 302 read with 149 of IPC, 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/- 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) JUDGE

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KK

Sri John Paul v. State of Karnataka

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Sri John Paul v. State of Karnataka

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