Suresh T @ Suri Vs the State of Karnataka

SURESH T @ SURI S/O RAVI AGED ABOUT 38 YEARS R/AT NO.395, 5TH CROSS, PIPE LINE ROAD, NEAR SHANIMAHATHMA TEMPLE, AYAPPA TEMPLE ROAD JALAHALLI, BENGALURU - 560 057.

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JANARDHAN H

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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S/O HUCHAIAH AGED ABOUT 40 YEARS R/AT NO.152, 7TH CROSS LAKSHMINARAYANAPURA R J COLONY, SRIRAMAPURA BENGALURU - 560 021.

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(BY SRI MANJUNATH M.R, ADV.)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA BY KAMAKSHIPALYA P.S. BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. WAHEEDA M.M, HCGP)

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NC: 2025:KHC:25560 CRL.P No. 9390 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN SPLIT UP CASE IN CC.NO.22797/2015 ITS CR.NO.740/2009 OF KAMAKSHIPALYA P.S., BENGALURU, FOR THE OFFENCES P/U/S 399 AND 402 OF IPC, PENDING BEFORE 1st ACJM COURT, AT BENGALURU.

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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 Nos.4 and 5 in CC No.22797/2015 pending before the Court of I ACJM Court, Bengaluru, arising out of Crime No.740/2009 registered by Kamakshipalya Police Station, Bengaluru for the offences punishable under Sections 399 and 402 of IPC, are before this Court under Section 439 of BNSS, 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioners submits that on the merits of the case, petitioners were enlarged on bail in the present case and for the reason that they had not appeared before the Trial Court on the regular dates of hearing, their presence was secured and were remanded to judicial custody on 22.03.2025. Accused No.1, who was tried for the charge

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NC: 2025:KHC:25560 CRL.P No. 9390 of 2025

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HC-KAR

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sheeted offences has been acquitted. 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 petitioners.

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Perusal of the material on record would go to show that petitioners herein, who are arraigned as accused Nos.4 and 5 in the charge sheet, were granted regular bail in the present case. Since they had not appeared before the Committal Court, subsequently split-up case was registered against them and in the said case, their presence was secured on 22.03.2025 and on the said date, they were remanded to judicial custody. Case as against accused No.1 was committed to the jurisdictional Sessions Court and he was tried in SC No.1072/2012 which has ended up in acquittal by judgment and order of acquittal dated 30.04.2013. It is not in dispute that petitioners have no other pending criminal cases registered against them except the present case. They are in custody from 22.03.2025. They have undertaken to cooperate with the Trial Court for the purpose of speedy disposal of the case. Accordingly, the following order:-

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4 - NC: 2025:KHC:25560 CRL.P No. 9390 of 2025

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HC-KAR

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The petition is allowed. The petitioner is directed to be enlarged on bail in CC No.22797/2015 pending before the Court of I ACJM Court, Bengaluru, arising out of Crime No.740/2009 registered by Kamakshipalya Police Station, Bengaluru for the offences punishable under Sections 399 and 402 of IPC, 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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d) The petitioner shall not involve in similar offences in future;

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