Mr. M.S Nagaraju @ Vaddanaga Vs State of Karnataka

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL IN FAVOUR OF THE PETITIONER, IN CRIME NO.7/2020 IN C.C.NO.20714/2021 REGISTERED BY THE RESPONDENT TALAGHATTAPURA POLICE FOR THE OFFENCE P/US/ 399 AND 402 OF IPC WHICH IS PENDING BEFORE THE HON'BLE ACJM BENGALURU RURAL DISTRICT AT BENGALURU.

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NC: 2025:KHC:18790 CRL.P No. 6787 of 2025

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HC-KAR

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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.5 in Crime No.7/2020 registered by

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Thalaghattapura Police Station, Bengaluru City, for the offences punishable under Sections 399 and 402 of IPC, 1860, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 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.7/2020 was registered by

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Thalaghattapura Police Station, Bengaluru City, against the petitioner herein and others for the aforesaid offences on the basis of first information dated 13.01.2020 received

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from K R Sreenivas-PSI attached to the Thalaghattapura Police Station. After completing investigation charge sheet

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was filed against six persons. Since the petitioner and accused No.6 were absconding in the said case, split up charge sheet was registered against accused No.5 and

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NC: 2025:KHC:18790 CRL.P No. 6787 of 2025

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HC-KAR

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accused No.6 in CC No.20714/2021. Insofar as other accused persons are concerned charge sheet was registered in SC No.272/2021. In the split up case that was registered against the petitioner he was arrested on 25.04.2025 and on the said date he was remanded to custody.

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The bail application filed by the petitioner in Crl.Misc.No.637/2025 before the jurisdictional Sessions Court was rejected on 08.04.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he was not aware of the criminal case registered against him. He submits that wife of the petitioner is pregnant and he is required to take care of his wife. Investigation of the case is already completed and other accused persons are enlarged on bail. Accordingly, prays to allow the petition.

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NC: 2025:KHC:18790 CRL.P No. 6787 of 2025

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HC-KAR

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Per contra, learned HCGP has opposed the bail

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petition on the ground that petitioner has absconded for a period of five years since the date of registration of the complaint against him. In such circumstance, he does not deserve for grant of bail. Accordingly, prays to dismiss the petition.

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Perusal of the material available on record

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would go to show that FIR was registered against six persons in Crime No.7/2020 for the offences punishable under Sections 399 and 402 of IPC, 1860 alleging that accused named in the FIR were holding weapons and had prepared themselves to commit dacoity. Accused Nos.1 to 4 were arrested at the spot and accused Nos.5 and 6 allegedly had managed to escape from the spot. Subsequent to filing of charge sheet case was committed as against accused Nos.1 to 4 which is pending consideration in SC No.272/2021. In the split up case registered against A5 and A6 in CC No.20714/2021, the petitioner (A5) was arrested on 11.04.2025. According to

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5 - NC: 2025:KHC:18790 CRL.P No. 6787 of 2025

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HC-KAR

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the petitioner he was not aware of criminal case registered

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against him till then.

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It is not in dispute that the petitioner has no other criminal antecedents. Wife of the petitioner is said to be pregnant and therefore petitioner is required to take care of his wife. Accused Nos. 1 to 4 who were arrested in the present case have been granted regular bail by the jurisdictional Sessions Court. Petitioner has undertaken to co-operate during the trial in the present case. Under the circumstances, I am of the opinion prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.7/2020 registered by Thalaghattapura Police Station, Bengaluru City, for the offences punishable under

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NC: 2025:KHC:18790 CRL.P No. 6787 of 2025

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HC-KAR

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Sections 399 and 402 of IPC, 1860, subject to the

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following conditions:

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a) Petitioner shall execute 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/(S VISHWAJITH SHETTY) JUDGE

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RU, List No.: 1 Sl No.: 64

Mr. M.S Nagaraju @ Vaddanaga v. State of Karnataka

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Mr. M.S Nagaraju @ Vaddanaga v. State of Karnataka

Case brief

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