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  3. High Court Of Karnatak/
  4. 2024/
  5. December

Sri Jayanth T S vs. State of Karnataka

Decided on 31 December 2024• Citation: CRL.P/14416/2024• High Court of Karnatak
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                                         - 1 -                                    
                                                     NC: 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                   
                                       ST                                         
                       DATED THIS THE 31 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. 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.                                          
 Digitally signed by                                                              
                                                        …RESPONDENT               
 R HEMALATHA                                                                      
                (BY SRI.DIVAKAR MADDUR., HCGP)                                    
 Location: HIGH                                                                   
 COURT OF                                                                         
                     THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C      
 KARNATAKA                                                                        
                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.                                       

                                         - 2 -                                    
                                                     NC: 2024:KHC:53312           
                                                CRL.P No. 14416 of 2024           
                                           C/W  CRL.P No. 14242 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                   

                                         - 3 -                                    
                                                     NC: 2024:KHC:53312           
                                                CRL.P No. 14416 of 2024           
                                           C/W  CRL.P No. 14242 of 2024           
                                     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        

                                         - 4 -                                    
                                                     NC: 2024:KHC:53312           
                                                CRL.P No. 14416 of 2024           
                                           C/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;                       
                  (ii) The petitioners shall mark their attendance before         
                                             st    th                             
                       the Police Station, on the 1 and 15 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;                                               
                  (iv) Petitioners shall not threaten witnesses in                
                       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.                    
                                                  Sd/-                            
                                        (HEMANT CHANDANGOUDAR)                    
                                                 JUDGE                            
                AM, List No.: 1 Sl No.: 45