Karnataka High Court
Sri. Ajay Rao Alias Ajay Kumar vs State Of Karnataka on 18 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:21070
CRL.P No. 7321 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7321 OF 2025
BETWEEN:
1. SRI AJAY RAO @ AJAY KUMAR
S/O NORATH MAL RAAW
AGED ABOUT 25 YEARS
R/A NO. BHAGAWANPUA POST
JAWAJA TAHSIL, BEAWAR, JAWAJA
AJMER, RAJASTHAN - 305 922.
2. SRI SUNIL SINGH
S/O LAKHAN SINGH
AGED ABOUT 19 YEARS
R/AT NO. MANDIR WALA BAS
KOTRA, AJMER, RAJASTHAN - 305 927.
...PETITIONERS
(BY SRI G. RAKESH RAJ, ADV.)
AND:
Digitally
signed by
NANDINI M S STATE OF KARNATAKA
Location:
HIGH COURT CITY MARKET P.S.
OF BANGALORE PIND CODE - 560 001
KARNATAKA
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
PRAYING TO ENLARGE THE ABOVE PETITIONER NO.1 AND 2 ON BAIL
IN C.C.NO.10757/2025 OF CRIME NO.18/2025 REGISTERED BY CITY
MARKET POLICE STATION P/U/S 310(2) OF BNS ACT OF 2023 R/W
3, 25(1B)(a) INDIAN ARMS ACT 1959 REGISTERED BY RESPONDENT
CITY MARKET POLICE, PENDING BEFORE VTH ADDL. CMM,
BENGALURU.
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NC: 2025:KHC:21070
CRL.P No. 7321 of 2025
HC-KAR
THIS PETITION, 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.1 & 2 in Crime No.18/2025 registered by
City Market Police Station, Bengaluru City, for the offences
punishable under Sections 310(2) of BNS, 2023, and Sections
3, 25(1B)(a) of Indian Arms Act, 1959, are before this Court
under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioners submits that accused
no.1 has been released on bail in Crl.P.No.6991/2025 by the
coordinate bench of this Court on the ground that the accused
were not served with grounds of arrest at the time of their
arrest. He submits that the said ground is also available as
against accused no.2.
4. Learned HCGP, on instructions, submits that grounds of
arrest was not served on the accused or his relatives and she
also submits that accused no.1 has been already released on
bail.
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4. The submissions made on both sides is placed on record.
Petition is dismissed as having rendered infructuous as against
accused no.1.
5. The Hon'ble Supreme Court in the case of PANKAJ
BANSAL VS UNION OF INDIA - (2024)7 SCC 576, has observed
that service of grounds of arrest on the arrested accused is
mandatory and failure to comply with the mandatory
requirement, entitles the arrested accused to be released on
bail. The said judgment has been subsequently reiterated by
the Hon'ble Supreme Court in the case of PRABIR
PURKAYASTHA VS STATE (NCT OF DELHI) - (2024)8 SCC 254,
and in the case of VIHAAN KUMAR VS STATE OF HARYANA &
ANOTHER - 2025 SCC OnLine SC 269.
6. Considering the aforesaid judgments of the Hon'ble
Supreme Court, the coordinate bench of this Court has granted
bail to accused no.1 in Crl.P.No.6991/2025 for the reason that
he was not served with the grounds of arrest in the present
case. It is not in dispute that accused no.2 was also not served
with the grounds of arrest when he was arrested on
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26.01.2025. Therefore, I am of the opinion the petitioner
no.2/accused no.2's prayer for grant of regular bail is required
to be answered affirmatively. Accordingly, the following order:
7. Petition as against petitioner no.1/accused no.1 is
dismissed as having rendered infructuous. Petition as against
petitioner no.2/accused no.2 is directed to be enlarged on bail
in Crime No.18/2025 registered by City Market Police Station,
Bengaluru City, for the offences punishable under Sections
310(2) of BNS, 2023, and Sections 3, 25(1B)(a) of Indian Arms
Act, 1959, subject to the following conditions:
a) 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 unless
the Trial Court exempts his appearance for valid
reasons;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar
offences in future;
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e) The petitioner shall not leave the
jurisdiction of the Trial Court without permission of
the said Court until the case registered against him
is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
