Karnataka High Court
Deepu vs State Of Karnataka on 20 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 3734 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3734 OF 2025
BETWEEN:
DEEPU,
S/O NAGARAJA,
AGED ABOUT 24 YEARS,
R/AT 3RD MAIN ROAD, 5TH CROSS,
NEAR SHANIMAHATMA TEMPLE,
EBALOORU AGRA POST, SARJAPURA ROAD,
BENGALURU - 560 102.
...PETITIONER
(BY SRI. SHIVAMMA D.,ADVOCATE)
AND:
STATE OF KARNATAKA,
STATE BY ELECTRONIC CITY P.S.,
RPTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally BANGALORE - 560 001.
signed by
KAVYA R ...RESPONDENT
Location: High
Court of (BY SMT.WAHEEDA M.M., HCGP)
Karnataka
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE
PETITIONER IN CR.NO.262/2021 OF ELECTRONIC CITY POLICE,
NOW IN S.C.NO.184/2022 AND PENDING TRIAL BEFORE
PRINCIPAL DIST. AND SESSIONS JUDGE AT BANGALORE
RURAL, FOR THE OFFENCE P/U/S 120B, 143, 144, 147, 148,
150, 341, 427, 307, 302 R/W 149 OF IPC AND SEC. 4 AND
25(1-B) (B) OF ARMS ACT.
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
ORAL ORDER
Accused No.7 in S.C.No.184/2022 pending before the
Court of Principal District and Sessions Judge, Bengaluru
Rural District, Bengaluru, arising out of Crime
No.262/2021 registered by Electronic City Police Station,
Bengaluru City, for offences punishable under Sections
120(B), 143, 144, 147, 148, 150, 341, 427, 307, 302 read
with Section 149 of IPC and Section 4 and 25(1-B) (B) of
Arms Act, 1959 is before this Court in this successive bail
application filed under Section 439 of Cr.PC seeking
regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.262/2021 was registered by
Electronic City Police Station, Bengaluru City, for the
aforesaid offences against Naveen Kumar and others,
based on the first information dated 28.12.2021 received
Thridev s/o Aravind.
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4. During the course of investigation of the case,
petitioner herein was arrested on 30.12.2021 and
subsequently remanded to judicial custody. After
completing investigation, charge sheet has been filed
against 10 persons and petitioner is arraigned as accused
No.7 in the charge sheet. Bail application filed by the
petitioner before the Jurisdictional Sessions Court was
rejected and therefore, he had earlier approached this
Court in Crl.P.No.5189/2022 which was rejected on
20.07.2022. Therefore, he is before this Court in this
successive bail application.
5. Learned Counsel for the petitioner submits that
petitioner who has no other criminal antecedents is in
custody for the last more than three years. All the material
charge sheet witnesses who are examined have turned
hostile to the case of the prosecution. Accused Nos.1 to 5
and accused No.10 have been now granted regular bail by
this court. Accordingly, he prays to allow this petition.
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6. Per contra, learned HCGP who has opposed the
petition does not dispute the submission made by the
learned Counsel for the petitioner.
7. Perusal of the material on record would go to
show that name of the petitioner is not found in the FIR.
He was arrested in the present case on 30.12.2021 and
thereafter, remanded to judicial custody. After completing
investigation, charge sheet has been filed against 10
accused persons and petitioner is arraigned as accused
No.7 in the charge sheet. C.W-1 to 6 are the alleged
eye-witnesses to the incident in question.
8. Learned Counsel for the petitioner submitted
that C.W-1 to 6 have turned hostile to the case of the
prosecution and the said submission is not disputed by
learned HCGP. Out of the 67 charge sheet witnesses, till
date only 9 charge sheet witnesses have been examined.
Undisputedly, petitioner has no other criminal
antecedents. Accused Nos.1 to 5 and 10 have been now
enlarged on bail by this Court in Crl.P.No.5320/2025,
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5238/2025, 3338/2025, 3272/2025 and 3320/2025.
Under the circumstances, I am of the view that, without
expressing any opinion on the merits and demerits of the
case, the prayer made by the petitioner for grant of
regular bail needs to be answered affirmatively.
Accordingly, the following:-
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.184/2022 pending before the Court of Principal
District and Sessions Judge, Bengaluru Rural District,
arising out of Crime No.262/2021 registered by Electronic
City Police Station, Bengaluru City, for offences punishable
under Sections 120(B), 143, 144, 147, 148, 150, 341,
427, 307, 302 read with Section 149 of IPC and Section 4
and 25(1-B) (B) of Arms Act, 1959, subject to the
following conditions:
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- (Rupees One
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Lakh only) with two sureties for the likesum, to
the satisfaction of the jurisdictional Court;
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;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
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.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 35