IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12952 OF 2024 (439(Cr.PC) /

483(BNSS))

C/W CRIMINAL PETITION NO. 11218 OF 2024 (439(Cr.PC) /

483(BNSS))

IN CRL.P No. 12952/2024 BETWEEN:

SURYA PRASAD B.A S/O. ANANDA RAO B. B., AGED ABOUT 43 YEARS, R/AT. HOUSE NO. 169, MAGGULA VILLAGE, IMANGALA POST, VIRAJPET TALUK, KODAGU DISTRICT-571 218.

…PETITIONER (BY SRI PRASANNA D. P., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY SOMAWARPET POLICE STATION, REP. BY SPP, HIGH COURT COMPLEX, BENGALURU-560 001.

…RESPONDENT (BY SRI M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN C.C.NO.474/2024 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 310(2) OF BNS-2023 IN CRIME NO.86/2024 OF THE RESPONDENT SOMWARPET POLICE NOW PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND J.M.F.C SOMWARPET.

IN CRL.P NO. 11218/2024 BETWEEN:

B. MOHAN KUMAR S/O H. M. BASAVARAJU, AGED ABOUT 45 YEARS, R/AT. RANGER BLOCK, SOMAWARPET TOWN AND TALUK, KODAGU DISTRICT - 571236 ...PETITIONER (BY SRI PRASANNA KUMAR D.P.,ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, BY SOMWARPETE POLICE STATION, KODAGU DISTRICT-571236.

AMBEDKAR VEEDHI, HIGH COURT BUILDING, BANGALORE - 560 001.

...RESPONDENT (BY SRI M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN CR.NO.86/2024 REGISTERED BY THE SOMWARPETE POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 310(2) OF THE BHARATHIYA NYAYA SANHITHA -

2023, WHICH IS PENDING BEFORE THE HONBLE COURT OF PRINCIPAL CIVIL JUDGE (JN.DN.) AND JMFC COURT, SOMAWARPET, KODAGU 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

1. Accused Nos.4 and 6 in Crime No.86/2024 registered by Somwarpet Police Station, Kodagu, for the offences punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) are before this Court seeking regular bail, under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.86/2024 was registered by Somwarpet Police Station, Kodagu, for the aforesaid offences against six unknown persons on the basis of the first information dated 29.07.2024 received from one Sri. Nemaraj K.M., S/o. late Mallappa. During the course of investigation of the case, accused Nos.4 and 6 were arrested on 06.08.2024 and subsequently remanded to judicial custody. The investigation of the case is completed and charge-sheet has been filed against ten accused persons. The petitioners are arraigned as accused Nos.4 and 6 in the charge-sheet. The bail application filed by the petitioners before the jurisdictional Sessions Court was rejected. Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that, undisputedly the petitioners were not present at the spot of the crime and the only allegation against them is that, they had entered into a conspiracy with the other accused persons, who actually committed the crime. The petitioners do not have any criminal antecedents. The investigation of the case is completed. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that, the bail application filed by the accused No.4 was earlier rejected by this Court in Criminal Petition No.9697/2024. There is recovery of cash from the petitioners herein after their arrest. The victims were known to the petitioners and therefore, the petitioners have taken the help of other accused to commit the crime.

Accordingly, he prays to dismiss the petition.

6. FIR in the present case was registered against six unknown persons on the basis of the first information dated 29.07.2024, received from Sri. Nemaraj K.M., In the first inform