2025 Supreme(Online)(KAR) 3281
HIGH COURT OF KARNATAKA
S VISHWAJITH SHETTY
H. C. SATHISHA @ SATHI – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 1245 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.1245 OF 2025 (439(Cr.PC) /
483(BNSS))
C/W CRIMINAL PETITION NO.1379 OF 2025 (439(Cr.PC) /
483(BNSS))
IN CRL.P No. 1245/2025 BETWEEN:
H. C. SATHISHA @ SATHI S/O LATE CHANDRAIAH, AGED ABOUT 34 YEARS, R/AT METI CIRCLE HIRISAVE HADYA VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571405.
…PETITIONER (BY SRI HARSHA KUMAR GOWDA H R., ADVOCATE)
AND:
STATE OF KARNATAKA, CHANNARAYAPATNA TOWN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001 …RESPONDENT (BY SRI K. RAHUL RAI, HCGP)
THIS CRL.P IS FILED U/S 483 OF BNSS ACT 2023.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.189/2024 OF CHANNARAYAPATNA TOWN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 311, 352, 351(2), 351(3), 310(2), 309(6) AND 312 OF BNS, PENDING ON THE FILE OF THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN SITTING AT CHANNARAYAPATNA, HASSAN.
IN CRL.P NO. 1379/2025 BETWEEN:
ROHITH N @ GUNDA S/O NAGARAJU, AGED ABOUT 32 YEARS, R/O. KOLLENAHALLI VILLAGE, SUBBANAHALLI POST, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.
...PETITIONER (BY SRI ANAND R. V., ADVOCATE)
AND:
STATE OF KARNATAKA BY CHANNARAYAPATNA TOWN POLICE STATION, HASSAN DISTRICT-573116, REP. BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDINGS, BENGALURU -560001 ...RESPONDENT (BY SRI K. RAHUL RAI, HCGP )
THIS CRL.P IS FILED U/S 483 OF BNSS 2023 PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.189/2024 (CHANNARAYAPATNA TOWN POLICE STATION, HASSAN DISTRICT) (S.C.NO.213/2024) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 311, 352, 351(2), 351(3), 310(2), 309(6) AND 312 OF BNS ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT, CHENNARAYAPATNA, HASSAN DISTRICT.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 6 are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan for the offences punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023.
2. Heard learned counsel for the parties.
3. FIR in Crime No.189/2024 was registered by Channarayapatna Town Police Station, Hassan for the aforesaid offences on the basis of the first information dated 28.07.2024 received from Manikanta M.S. against unknown five persons. During the course of investigation, accused No.1 was arrested on 17.08.2024 and accused No.6 was arrested on 11.08.2024 and subsequently they were remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed. The bail applications filed by the petitioners, who are arrayed as accused Nos.1 and 6 in the charge sheet was rejected by the Trial Court. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that the petitioners are persons, who have no other criminal antecedents. After they were arrested in the present case, they have been produced under body warrant in Crime No.35/2024 registered by Nuggehalli Police Station, Hassan. Similar allegations are found as against all the other accused persons in the present case. Accused No.4 has been granted regular bail by this Court in Criminal Petition No.12644/2024 and accused Nos.5 and 8 have been granted regular bail by this Court in Criminal Petition Nos.524/024 and 578/2025. Accordingly, he prays to allow the petitions.
5. Per contra, learned High Court Government Pleader who has opposed the petitions, however, does not dispute the submission made by learned counsel for the petitioners.
6. In the present case, FIR was initially registered against five accused persons on the basis of the first information dated 28.07.2024 received from one Manikanta M.S. During the course of investigation, eight accused persons