Karnataka High Court
CRL.P/14416/2024 of SRI JAYANTH T S Vs STATE OF KARNATAKA on 31 December 2024
2024:KHC:53312 CRL.P No. 14416 of 2024 C/W CRL.P No. 14242 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14416 OF 2024 C/W CRIMINAL PETITION NO. 14242 OF 2024 IN CRL.P No.
Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14416 OF 2024
C/WCRIMINAL PETITION NO. 14242 OF 2024
IN CRL.P No. 14416/2024
BETWEEN:
SRI JAYANTH T S, S/O SURESH T C, STUDENT, NO.79, THARAHUNASE VILLAGE, JALA HOBLI, BENGALRUU - 562 157.
…PETITIONER
(BY SRI. CHANDRAPPA V., ADVOCATE)
AND:
STATE OF KARNATAKA BY RAJANKUNTE POLICE STATION, RAJANUKUNTE RP BY SPP, HIGH COURT OF KARANATAKA, BANGALORE - 560 001.
…RESPONDENT
(BY SRI.DIVAKAR MADDUR., HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, BENGLAURU RURAL AT DODDABALLAPURA IN CRL.MISC.NO.10222/2024 DATED 19.12.2024 AND THE HONBLE COURT BE PLEASED TO GRANT THE BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.333/2024 FOR THE ALLEGED OFFENCE P/US/ 109, 115(2), 118(1), 3(5), 351(2), 352 OF BNSS REGISTERED BY THE RAJANUKUNTE POLICE STATION.
CRL.P No. 14416 of 2024
IN CRL.P NO. 14242/2024
BETWEEN:
SRI MADHESH, S/O SRI GOPAL, AGED ABOTU 22 YEASRS, STUDENT, RESIDING AT NEAR RAITHARA BANK, RAJANAKUNTE, HESARAGHATTA HOBLI, YALAHANKATA TALUK, BENGALURU URBAN DISTRICT - 560 064.
...PETITIONER
(BY SRI. RAJANNA C., ADVOCATE)
AND:
STATE OF KARNATAKA, BY RAJANAKUNTE POLICE STATION, BANGALORE CITY, REPRESENTED BY ITS SPP, HIGH CORUT BUILDING, BANGALORE - 01.
...RESPONDENT
(BY SRI.DIVAKAR MADDUR., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.333/2024 OF RAJANAKUNTE P.S BENGALURU FOR AN ALLEGED OFFENCE P/U/S 109,115(2),118(1),352,351(2) R/W 3(5) OF BNS 2023 REGISTERED AGAINST THE PETITIONER PENDING ON THE FILE OF II A.C.J.M BENGALURU RURAL DISTRICT, BENGALRU.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
NC: 2024:KHC:53312CRL.P No. 14416 of 2024C/W CRL.P No. 14242 of 2024
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ORAL ORDER
Heard learned counsel for the petitioners and learned High Court Government Pleader for the state.
2. Petitioners/accused Nos.1 and 2, who are facing investigation for the offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 352 of BNS 2023 have filed these petitions under Section 483 of the BNSS, 2023 to enlarge them on bail.
3. The FIR was lodged by S.Likhith Gowda, alleging that on 21.11.2024, when he left the college at 4:30 pm, petitioners and his friends threatened him that they will do away with his life and Madesha and the accused had assaulted him with their hands, and that when Jayanth tried to assault him with a knife on his neck, he escaped and as a result, he sustained injuries on the back of his right neck.
4. The petitioners are in judicial custody since 25.11.2024 and the statement of the victim has been recorded. The knife alleged to have been used by accused No.1 for assaulting the complainant has been seized and the petitioners are not required for further interrogation.
5. In light of the above, the petitioners are established a prima-facie case to enlarge them on bail.
6. Petitioners/accused Nos.1 and 2 are enlarged on bail in Crime No.0333/2024 registered by the Rajanukunte Police NC: 2024:KHC:53312CRL.P No. 14416 of 2024C/W CRL.P No. 14242 of 2024
Station on the file of II Additional Chief Judicial Magistrate, Bengaluru Rural District for the offences punishable under Sections 109, 115(2), 118(1), 3(5), 351(2), 352 of BNS 2023, subject to following conditions:
(i) Petitioners shall furnish a personal bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Trial Court; Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Trial Court;
(ii) The petitioners shall mark their attendance before the Police Station, on the 1[st] and 15[th] of every month, till the investigation is completed and final report is filed; the Police Station, on the 1[st] and 15[th] of every month, till the investigation is completed and final report is filed;
(iii) Petitioners shall co-operate with the police for investigation and appear before them whenever called upon; investigation and appear before them whenever called upon;
(iv) Petitioners shall not threaten witnesses in whatsoever manner; whatsoever manner;
(v) Petitioners shall not get involved in similar offences;
(vi) Petitioners shall not leave the territorial limits without permission of the jurisdictional Court. permission of the jurisdictional Court.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
AM, List No.: 1 Sl No.: 45