Karnataka High Court
Ashoka vs The State Of Karnataka on 28 January, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 13061 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.13061 OF 2024
BETWEEN:
ASHOKA
S/O LATE CHENNEGOWDA
AGED ABOUT 40 YEARS,
R/O SOUNDARAHALLI VILLAGE,
SHANTHIGRAMA HOBLI
HASSAN TALUK AND DISTRICT
PIN - 573 201.
...PETITIONER
(BY SRI. JAGRUTH.S., ADVOCATE FOR
SRI. SUYOG HERELE E., ADVOCATE)
AND:
Digitally
THE STATE OF KARNATAKA
signed by THROUGH HASSAN EXTENSION
LAKSHMI T
POLICE STATION,
Location:
High Court REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
of Karnataka HIGH COURT BUILDINGS,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI.RANGASWAMY.R, HCGP)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO ALLOW THIS PETITION
AND DIRECT THE RESPONDENT POLICE TO RELEASE THE
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CRL.P No. 13061 of 2024
PETITIONER ON BAIL IN CRIME NO. 258/2015 (PENDING ON
THE FILE OF THE LEARNED PRINCIPAL AND SESSIONS JUDGE
AT HASSAN IN S.C.NO.156/2024) REGISTERED BY HASSAN
EXTENSION POLICE STATION, HASSAN DISTRICT FOR THE
ALLEGED OFFENCE P/US/ 143,147,148,341,504,307 R/W
SEC.149 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, learned
HCGP for respondent-State and perused the material on
record.
2. This petition is preferred seeking to enlarge the
petitioner on bail in SC.No.156/2024 pending on the file of
Prl. District and Sessions Judge, Hassan, arising out of
Crime No.258/2015 registered at Hassan Extension Police
Station, Hassan.
3. The above FIR was registered against three
named and two unknown person. Complaint was lodged by
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one Praveena son of Rangaswamy for offences punishable
under Sections 143, 147, 148, 341, 504 and 307 r/w
Section 149 of IPC.
4. It is alleged that on 25.11.2015 at 7:00 pm
near KIDB Circle, Doddabasavanahalli Road, Hassan, all
the accused assaulted the first informant with deadly
weapons like chopper, long, rod and bike chain, with an
intention to commit his murder.
5. As the petitioner remained absent, case against
him was split up and numbered as CC.No.2850/2017. He
came to be arrested in the year 2024. Thereafter, the case
was committed to the Court of Sessions on 05.08.2024.
6. Learned Sessions Judge has rejected the bail
petition of the petitioner, on the ground that, he has been
absconding and he was secured after a lapse of eight
years and further, he is involved in sever other criminal
cases.
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7. Learned HCGP has contended that the petitioner
is a habitual offender and if he is enlarged on bail, he will
commit similar offences.
8. The name of the petitioner is not in the first
information report. It is argued by the learned counsel
that the petitioner was unaware of the case registered
against him. The trial held against other accused persons
has been ended in acquittal. He has furnished a copy of
the judgment passed in SC.No.163/2017 dated
03.09.2021. He further contended that the petitioner has
been falsely implicated in other cases and he is released
on bail in all those cases. He further submitted that the
petitioner is ready and willing to abide by any condition
and he will also furnish solvent surety to ensure his
regular presence before the trial Court.
9. Accused Nos.1 to 4 have been acquitted by the
Sessions Court in SC.No.163/2017 dated 03.09.2021,
holding that there is absolutely no evidence to prove the
guilt of the accused persons. It is seen that the injured
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complainant died during the pendency of trial and eye
witnesses did not support the prosecution case.
10. In the above facts and circumstances, one
opportunity may be given to the petitioner. Accordingly,
following
ORDER
Petition is allowed.
Petitioner/accused in SC.No.156/2024 on the file of
the Prl. District and Sessions Judge, Hassan, (Crime
No.258/2015 of Hassan Extension Police Station, Hassan),
shall be enlarged on bail, subject to following conditions:
1. He shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties, out of
which, one shall be a solvent surety, to
the satisfaction of the jurisdictional
Court.
2. He shall furnish proof of his
residential address and shall inform
the Court, if there is change in the
address.
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3. He shall not directly or indirectly
tamper with the prosecution
witnesses.
4. He shall not indulge himself in
committing any offence.
5. He shall appear before the trial Court
regularly on all dates of hearing.
Violation of any of the condition shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
PB
