Bharath Kumar @ Baby & Ors vs State Of Karnataka

S Vishwajith Shetty, J

Accused Nos.3 and 4 in S.C.No.1/2024 pending before the Court of Principal District and Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru District for the offences punishable under Sections 120B, 364, 302, 201 read with 149 of IPC are before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.78/2023 was registered by Devaraja Police Station, Mysuru City initially for the offence punishable Under Section 363 R/w 34 of IPC against ten unknown persons, on the basis of first information dated 30.08.2023 received from Chandru S/o Javaraiah. During the course of investigation, the petitioners herein were arrested on 07.09.2023 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against eleven persons and the petitioners herein are arraigned as accused Nos.3 and 4 in the charge sheet.

The bail application filed by the petitioners before the jurisdiction Sessions Court was rejected and thereafter they had earlier approached this Court in Crl.P.No.4016/202, which was dismissed as withdrawn with liberty to the petitioners to approach this Court afresh, after examination of the eye witness is completed before the Trial Court. It is under this circumstance, the petitioners are before this Court in this successive bail application.

FIR in the present case was initially registered against ten unknown persons based on the first information received from one Sri Chandru S/o Javaraiah alleging that CW.2 Pavan and deceased Naveen, were kidnapped by unknown persons. During the course of investigation, the petitioners were arrested on 07.09.2023 and after completing investigation charge sheet has been filed against eleven persons.

As per the charge sheet allegation, the deceased Naveen was an accused in the murder case of Vinod, who was a friend of accused No.1 Paramesh @ Kembathahalli Parami. Naveen, who was arrested in the said case was released on bail in the month of May-2023. Accused No.1 had conspired with other accused persons to commit the murder of Naveen, who allegedly had committed the murder of Vinod, who was the friend of accused No.1 Paramesh @ Kembathahalli Parami. In furtherance of such conspiracy, on 27.08.2023, accused persons who came in two vehicles bearing registration No.KA-33-M-2939 and KA-09-MH-5124 had kidnapped Naveen and CW.2 Pavan in the aforesaid two cars and subsequently they had assaulted Naveen with deadly weapons and committed his murder.

CW.2 Pavan has been examined before the Trial Court as PW.5. The other material charge sheet witnesses also have been examined before the Trial Court and till date 9 witnesses have been examined as PW.1 to PW.9. According to learned counsel for the petitioners, charge sheet witnesses have not supported the case of the prosecution.

Accused No.5 as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.1180/2025. In the earlier criminal cases, which were registered against the petitioners they are said to have been released on bail. Insofar as the present case is concerned, they are in custody from 07.09.2023. Since the other accused as against whom similar allegations are found in the charge sheet have been already enlarged on bail, I am of the opinion that, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively on the ground of parity.

Accordingly, the following:

ORDER

Criminal Petition is allowed.

The petitioners are directed to be enlarged on bail in S.C.No.1/2024 pending before the Court of Principal District & Sessions Judge, Mysuru arising out of Crime No.78/2023 registered by Devaraja Police Station, Mysuru City for the offences punishable under Sections 120B, 364, 302 & 201 R/w Section 149 of IPC, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not involve in similar offences in future;