Sri. Sanjay T. D. Vs State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER BY GRANTING REGULAR BAIL IN CRIME NO.225

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NC: 2025:KHC:24472 CRL.P No. 8405 of 2025 C/W CRL.P No. 8448 of 2025

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2 -

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HC-KAR

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OF 2025 REGISTERED BY THE RESPONDENT KUNIGAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 238, 310(3), 249, 140(1), 61 OF BNS, 2023.

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IN CRL.P NO.8448/2025

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BETWEEN:

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GANGADHAR GOWDA K. @ UMESHA @ UMMI S/O. KUMAR L. AGED ABOUT 19 YEARS RESIDING AT BADARIKOPPALU VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT-571 432.

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…PETITIONER

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(BY SRI C.S. MADHU, ADVOCATE)

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AND:

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STATE BY KUNIGAL POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, H.C.G.P.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND GRANT THE REGULAR BAIL TO PETITIONER IN CRIME NO.225 OF 2025 OF KUNIGAL POLICE STATION ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103 AND 238 OF BNS, 2023.

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

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HC-KAR

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COMMON ORAL ORDER

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Accused Nos.3 and 7 in Crime No.225/2025 registered by Kunigal Police Station, Tumakuru, for offence punishable under Sections 103, 238, 310(3), 249, 140(1), 308(2) and 61 of BNS, 2023 are 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.225/2025 was registered by

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Kunigal Police Station, Tumakuru, initially for offence punishable under Sections 103 and 238 of BNS, 2023 against Surya and his friend.

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During the course of investigation, accused

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Nos.3 and 7 were arrested on 14.05.2025 and subsequently remanded to judicial custody. Their bail applications filed before the jurisdictional Sessions Court was rejected and therefore, they are before this Court.

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HC-KAR

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Learned Counsel for the petitioners having

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reiterated the grounds urged in this petition is that allegation of committing murder of deceased Nagesh, who is the father of accused No.1/Surya is only as against accused No.1 and his friend Danush who is now arraigned as accused No.2 in the remand application. So far as the petitioners herein are concerned, there is no such allegation found in the remand application. They do not have any criminal antecedents and accordingly, they prayed to allow the petitions.

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Per contra , learned HCGP who has opposed the

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petition submits that allegation against the petitioners herein is that accused No.3 was in love with the sister of accused No.1 and accused No.3 allegedly had pledged his car with one Devraj and had paid money to accused No.1 prior to he committing the murder of his father. However, she does not dispute that the petitioners do not have any criminal antecedents.

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HC-KAR

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FIR in the present case has been registered against accused based on the first information submitted by Savitha T D, who is sister of deceased Nagesh. In the first information, it is stated that after the dead body of her brother Nagesh was found, initially UDR case was registered in UDR No.20/2025. During the course of investigation, the CCTV footage inside the shop of the deceased was secured and it was found in the said CCTV footage that accused No.1 and his friend had strangulated the neck of Nagesh and committed his murder on the intervening night of 10.05.2025 and 11.05.2025. It is under these circumstances, FIR was initially registered against accused No.1 Surya and his friend.

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During the course of investigation, the

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petitioners herein were arrested on 14.05.2025. In the remand application of the accused persons, it is mentioned that after accused Nos.1 and 2 had committed the murder of Nagesh, they had met the other accused persons in a hotel.

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HC-KAR

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Learned HCGP has now brought to the notice of

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this Court that accused No.1 had sought financial assistance from accused No.3 on 04.05.2025 and therefore, accused No.3 with the help of accused No.7 had pledged the car belonging to accused No.3 with one Devaraj for a sum of Rs.4 lakhs and thereafter, paid certain amount to accused No.1. There is no allegation against the petitioners herein about they participating in the crime of committing the murder of deceased Nagesh nor there is any allegation against them about any conspiracy to commit the murder. Undisputedly, petitioners do not have any criminal antecedents. They are in custody from 14.05.2025. Major portion of the investigation is already completed. Accused Nos.1 and 2 who allegedly had committed the murder have been arrested in the present case and they are remanded to judicial custody. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant

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HC-KAR

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of regular bail needs to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petitions are allowed .

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Petitioners/accused Nos.3 and 7 are directed to be enlarged on bail in Crime No.225/2025 registered by Kunigal Police Station, Tumakuru, for offence punishable under Sections 103, 238, 310(3), 249, 140(1), 308(2) and 61 of BNS, 2023, subject to the following conditions:

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a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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HC-KAR

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c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioners shall not involve in similar offences in future;

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e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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PSJ List No.: 1 Sl No.: 91

Sri. Sanjay T. D. v. State of Karnataka

Case brief

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Sri. Sanjay T. D. v. State of Karnataka

Case brief

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