Sri.Naveen Kumar N Vs State by K.R.Puram P.S.

SRI NAVEEN KUMAR N S/O NARAYANAPPA AGED ABOUT 29 YEARS R/AT NO.32, NEAR GANESH TEMPLE, RAJEEV GANDHI NAGAR VENKATESHWARA TENT ROAD DEVASAND, K.R. PURAM BANGALORE - 560 036.

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…PETITIONER

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(BY SRI NAUSHAD PASHA, 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 K.R.PURAM P.S. K.R. PURAM P.S, BANGALORE - 560 036 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001.

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(BY SMT. WAHEEDA M.M, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.587/2014 VIDE SPLIT UP CHARGE SHEET NO.59464/2018, FOR THE OFFENCES P/U/S 399,402 OF IPC, PENDING ON THE FILE OF XXIX ACJM, MAYO HALL, AT BANGALORE.

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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:21049 CRL.P No. 6893 of 2025

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HC-KAR

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ORAL ORDER

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Accused No.2 in CC No.59464/2018 pending before the Court of XXIX Additional Chief Judicial Magistrate, Mayohall, Bengaluru, arising out of Crime No.587/2014 registered by K.R.Puram Police Station, Bengaluru City, for the offences punishable under Sections 399 and 402 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.587/2014 was registered by K.R.Puram Police Station, Bengaluru City, for the aforesaid offences against Madhusudan and others based on the first information dated 10.10.2014 received from Sanjeevarayappa, Police Officer attached to K.R.Puram Police Station, Bengaluru City. After completing investigation, charge sheet was filed against eight persons and petitioner is arraigned as accused No.2 in the charge sheet. Since he was absconding, a split up case was registered against him in CC No.59464/2018 and in the said case, his presence was secured before the Committal Court on 25.03.2025 and on the said day, he was remanded to judicial custody. His bail application filed before the jurisdictional

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3 - NC: 2025:KHC:21049 CRL.P No. 6893 of 2025

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HC-KAR

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Sessions Court in Crl.Misc.No.25272/2025 was rejected on 15.04.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused No.1, who was tried for the charge sheeted offences in SC No.48/2019 has been acquitted by the Trial Court vide the judgment and order of acquittal dated 06.12.2019 and the said judgment and order of acquittal has attained finality. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition on the ground that petitioner has been absconding throughout and in the event, he is enlarged on bail, he is likely to flee away from justice.

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Perusal of the material on record would go to show that FIR was registered in the present case initially against eight persons and three persons were arrested at the spot by the first informant. Petitioner herein, who is arraigned as accused No.2 is one amongst the arrested accused in the present case

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at the time of registration of the FIR. It appears that subsequently, he was enlarged on bail and for the reason that

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4 - NC: 2025:KHC:21049 CRL.P No. 6893 of 2025

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HC-KAR

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he had not appeared before the Committal Court, thereafter a split-up case was registered against him and in the said case, he was secured and remanded to judicial custody on 25.03.2025. Undisputedly, petitioner has no other criminal antecedents. Accused No.1, who was tried for the charge sheeted offences has been already acquitted by the Trial Court in SC No.48/2019 by judgment and order of acquittal dated 06.12.2019. It is not in dispute that the said judgment and order of acquittal has attained finality. Under the 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 CC No.59464/2018 pending before the Court of XXIX Additional Chief Judicial Magistrate, Mayohall, Bengaluru, arising out of Crime No.587/2014 registered by K.R.Puram Police Station, Bengaluru City, for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions:

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NC: 2025:KHC:21049 CRL.P No. 6893 of 2025

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HC-KAR

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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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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/(S VISHWAJITH SHETTY) JUDGE

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DN

Sri.Naveen Kumar N v. State by K.R.Puram P.S.

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Sri.Naveen Kumar N v. State by K.R.Puram P.S.

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