Karnataka High Court
Mr. Naveen @ Auto Naveena vs State Of Karnataka on 22 January, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 13737 of 2024
IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 13737 OF 2024 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MR. NAVEEN @ AUTO NAVEENA S/O MUNIRAJU,
AGED ABOUT 28 YEARS,
R/O VADDARAPALYA, DODDABALLAPUR TALUK,
MALLATHAHALLI,
BENGALURU RURAL DISTRICT-561203.
...PETITIONER
(BY SRI NEHRU P., ADVOCATE)
AND:
STATE OF KARNATAKA
Digitally signed REP. BY DODDABALLAPURA RURAL POLICE
by SHILPA R PIN CODE - 561203.
TENIHALLI REPRESENTED BY SPP,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA BENGALURU-560001.
...RESPONDENT
(BY SRI M.R. PATIL, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO GRANT HIM ON BAIL IN
S.C.NO.10022/2024 (ARISING OUT OF CR.NO.154/2024
REGISTERED BY DODDABALLPURA RURAL POLICE STATION
BENGALURU DISTRICT) FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 143, 147, 148, 302, 323, 364, 201, 120B
R/W 149 OF IPC PENDING BEFORE THE COURT OF IV
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CRL.P No. 13737 of 2024
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DODDABALLAPURA BENGALURU RURAL DISTRICT BY
IMPOSING SUCH TERMS AND CONDITIONS THAT THIS
HON'BLE COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.7 in S.C.No.10022/2024, pending before
the Court of IV Additional District and Sessions Judge,
Bengaluru Rural District, arising out of Crime
No.154/2024, registered by Doddaballapura Rural Police
Station, Bengaluru, for the offences punishable under
Sections 143, 147, 148, 302, 323, 364, 201, 120-B read
with Section 149 of IPC, is before this Court under Section
439 of Cr.P.C. seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.154/2024 was registered by
Doddabhallapura Police Station, Bengaluru, initially for the
offences punishable under Section 143, 147, 148, 149,
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CRL.P No. 13737 of 2024
302 and 323 of IPC against Narasimhamurthy and eight to
nine others on the basis of the first information dated
11.05.2024, received from Shashikumar S/o.
Chikkajanappa, who is the father of deceased Hemanth
Gowda. During the course of investigation of the case,
petitioner herein was arrested on 24.05.2024 and
subsequently remanded to judicial custody. The
investigation of the case is completed and charge sheet
has been filed against ten persons. The petitioner is
arrayed as accused No.7 in the charge sheet. The bail
application filed by the petitioner before the jurisdictional
Sessions Court in Crl.Misc.No.10151/2024 was rejected on
23.09.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
allegation against accused No.6 and the petitioner is
identical. Accused No.6 is granted regular bail by this
Court in Criminal Petition No.11653/2024. There is
absolutely no material available as against the petitioner in
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CRL.P No. 13737 of 2024
the charge sheet. Accordingly, he prays to allow the
petition.
5. Per contra, learned High Court Government
Pleader has opposed the petition. He submits that
petitioner is a person with criminal antecedents.
Accordingly, he prays to dismiss the petition.
6. It is not in dispute that in the FIR, petitioner’s
name was not found. During the course of investigation,
he was arrested on 24.05.2024 and remanded to judicial
custody. The petitioner is in custody for the last seven
months. This Court has granted regular bail to accused
No.6 in Criminal Petition No.11653/2024. In paragraph
No.8 of the order passed in the said petition, it has been
observed as follows:
“8. During the course of investigation of
the case, accused no.1/ Narasimhamurthy was
arrested 15.05.2024 and on the basis of the
confession statement of accused no.1/
Narasimhamurthy, the other accused persons
appears to have been arrested subsequently in
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CRL.P No. 13737 of 2024the present case. CW-2 to 6 who are the alleged
eye witnesses in the present case, have not
spoken to about the overt act committed by the
other accused persons, except accused no.1/
Narasimhamurthy. None of the eye witnesses
have named any one of the accused, except
accused no.1/ Narasimhamurthy. It is not in
dispute that the Police have not conducted any
test identification parade in the present case in
the manner known to law. Recovery of vehicle
used to kidnap deceased and the weapons
which were allegedly used to assault deceased
have been made after accused
no.1/Narasimhamurthy who is named in the FIR
was arrested.”
7. Merely for the reason that petitioner is involved
in some other criminal case, the same cannot be a reason
to reject his bail application, if he is otherwise found
entitled for the relief sought for in the petition. Allegation
against petitioner and accused No.6 in the charge sheet is
identical. In the case on hand, this Court while granting
regular bail to accused No.6 has observed that the
eyewitnesses have not named any one of the accused
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CRL.P No. 13737 of 2024
except accused No.1 – Narasimhamurthy and no test
identification parade in the present case was held in the
manner known to law. Under the circumstances, I am of
the opinion that petitioner’s prayer for grant of regular bail
needs to be answered affirmatively. Accordingly, following
order is passed:
ORDER
The petition is allowed.
The petitioner/accused No.7 is directed to be
enlarged on bail in S.C.No.10022/2024, pending before
the Court of IV Additional District and Sessions Judge,
Bengaluru Rural District, arising out of Crime
No.154/2024, registered by Doddaballapura Rural Police
Station, Bengaluru, for the offences punishable under
Sections 143, 147, 148, 302, 323, 364, 201, 120-B read
with Section 149 of IPC, subject to the following
conditions:
a) Petitioner shall execute personal bond for a
sum of Rs.1,00,000/- with two sureties for the
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CRL.P No. 13737 of 2024likesum, to the satisfaction of the jurisdictional
Court;
b) 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) Petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d) Petitioner shall not involve in similar
offences in future;
e) 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
SRT
List No.: 19 Sl No.: 12
CT:PK
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