IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 704 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

SANTHOSHA H R @ GENDE, S/O RAVI H G, AGED ABOUT 33 YEARS, R/AT. HADYA VILLAGE, DUDDA HOBLI CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.

…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 M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) 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 B.N.S., PENDING ON THE FILE OF THE LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN SITTING AT CHANNARAYAPATNA, HASSAN.

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.2 in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan, for offences punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023, is before this Court seeking regular bail under Section 483 of BNNS, 2023.

2. Heard learned counsel for the parties.

3. FIR in Crime No.189/2024 was registered by Channarayapatna Police Station, Hassan, for offences punishable under Sections 310(1) and 310(2) of BNS, against five unknown persons based on the first information dated 28.07.2024 received from Sri Manikanta. During the course of investigation, petitioner was arrested on 11.08.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and chargesheet has been filed against eight accused persons, petitioner is arrayed as accused No.2 in the chargesheet. His bail application filed before the jurisdictional Sessions Court in S.C. No.213/2024 was rejected on 29.11.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that similarly placed accused No.4, 5 and 8 have been granted regular bail by this Court and petitioner has no criminal antecedent. Accordingly prays to allow the petition.

5. Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned counsel for the petitioner.

6. FIR in the present case was initially registered against five unknown persons and during the course of investigation, eight accused persons were arrested and chargesheet has been filed against them. Undisputedly, this Court in Crl.P. No.12644/2024 has granted regular bail to accused No.4 and accused Nos.5 and 8 have been granted regular bail by this Court in Crl.P. Nos.524/2025 and 578/2025. It is only after the accused persons were arrested in the present case, they were all produced under body warrant in Crime No.35/2024 registered by Nuggehalli Police Station, Hassan, except the said case, the petitioner has no other criminal antecedent. Similar was the situation even in respect of accused Nos.4, 5 and 8 who have been granted regular bail by this Court.

7. Under these circumstances, I am of the opinion that the petitioner has made out prima facie case for grant of regular bail. Accordingly, I proceed to pass the following order:

8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.189/2024 of Channarayapatna Police Station, Hassan, registered for the offences punishable under Sections Section 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023, pending on the file of IV Addl. District and Sessions Judge, Hassan, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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