Sri Sabeer Vs State of Karnataka

THIS CRL.P IS U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE P/U/S 309(4) OF BNS 2023 RESPONDENT POLICE GOWRIBIDANUR TOWN POLICE, GOWRIBIDANUR TALUK IN CR.NO.30/2025 PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C GOWRIBIDANUR BY ALLOWING THIS BAIL PETITION.

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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:20070 CRL.P No. 6277 of 2025

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HC-KAR

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ORAL ORDER

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Accused No.2 in Crime No.30/2025 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 61(2)(a) and 310(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.30/2025 was registered by Gowribidanur Town Police Station, Chickballapura, initially for the offence punishable under Section 309(4) of BNS, 2023, against three unknown persons based on the first information dated 21.02.2025 received from Srinivasa S/o Krishnappa. During the course of investigation of the case, the petitioner herein was arrested on 27.02.2025 and in the remand application, he was arraigned as accused No.2. Bail application file by him before the jurisdictional Sessions Court in Crl.Misc.No.184/2025 was rejected on 11.04.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner

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has no other criminal antecedents. Similarly situated other

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3 - NC: 2025:KHC:20070 CRL.P No. 6277 of 2025

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HC-KAR

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accused persons have been already enlarged on bail in the present case. Investigation in the case is completed. 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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FIR in the present case has been registered against unknown persons. During the course of investigation, petitioner herein was arrested on 27.02.2025. After completing the investigation, charge sheet has been now filed against 11 persons and in the charge sheet, petitioner is arraigned as accused No.2. Accused Nos.8, 9 and 11 had approached this Court in Crl.P.No.5371/2025, 4787/2025 and 4318/2025 and the said accused were directed to be enlarged on bail for the reason that grounds of arrest was not served on them. Accused No.5 was enlarged on bail by the Co-ordinate Bench of this Court in Crl.P.No.6885/2025, disposed of on 20.05.2025, considering the fact that stolen gold articles have been recovered only from the possession of accused Nos.3 and 11. The allegation against petitioner and accused No.5 who has

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4 - NC: 2025:KHC:20070 CRL.P No. 6277 of 2025

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HC-KAR

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been granted regular bail in the present case even prior to filing of charge sheet is similar. Undisputedly, petitioner has no other criminal antecedents. As on this date, charge sheet is also filed. 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. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.30/2025 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 61(2)(a) and 310(2) of BNS, 2023, subject to the following conditions:

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a) 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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NC: 2025:KHC:20070 CRL.P No. 6277 of 2025

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HC-KAR

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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 /-

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(S VISHWAJITH SHETTY)

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JUDGE

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DN

Sri Sabeer v. State of Karnataka

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Sri Sabeer v. State of Karnataka

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