Karnataka High Court
Nikhil Kumar @ Mahesha vs State By on 26 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:12792
CRL.P No. 1184 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1184 OF 2025
BETWEEN:
NIKHIL KUMAR @ MAHESHA
S/O LATE KRISHNE GOWDA
AGED ABOUT 28 YEARS
R/AT NO.132, 7TH CROSS,
2ND MAIN, LAGGERE,
BENGALURU-560058
...PETITIONER
(BY SRI. JAGADISH L.,ADVOCATE)
AND:
STATE BY RAJGOPALNAGARA POLICE STATION
BENGALURU
REP BY SENIOR STATE PUBLIC PROSECUTOR
ATTACHED TO THE HIGH
COURT OF KARNATAKA,
Digitally
signed by BENGALURU-560001
NANDINI MS ...RESPONDENT
Location: (BY SMT N ANITHA GIRISH., HCGP)
HIGH COURT
OF
KARNATAKA THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
PRAYING TO ORDER AND DIRECT THE RESPONDENT POLICE TO
RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF
HIS ARREST IN CRIME NO 294/2017 IN C. C NO 4554/2019 FOR THE
OFFENCES PUNISHABLE U/S 399, 402 OF IPC BY THE RESPONDENT
POLICE AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
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NC: 2025:KHC:12792
CRL.P No. 1184 of 2025
ORAL ORDER
Accused No.4 in Crime No.294/2017 registered by
Rajagopal Nagar Police Station, Bengaluru City, for offences
punishable under Sections 399 and 402 of IPC is before this
Court under Section 438 of Cr.P.C., seeking Anticipatory Bail.
2. FIR in Crime No.294/2017 was registered by the
Rajagopal Nagar Police Station, Bengaluru City, for the
aforesaid offences based on the first information dated
9.3.2017 received from Mithun Shilpi, Police Inspector attached
to Rajagopal Nagar Police Station against Mahesh and 8 others.
After completing investigation, charge sheet has been filed
against 9 persons and petitioner is arrayed as accused No.4 in
the charge sheet. His application filed under Section 438 of
Cr.P.C., before the jurisdictional Sessions Court in
Cril.Misc.No.8501/2024 was rejected on 7.10.2024. Therefore,
he is before this Court.
3. Learned counsel for the petitioner submits that the
petitioner was totally unaware of the present criminal case
registered against him. In addition to the present criminal
case, one other Crime No.290/2017 was registered by the very
same police station for similar offences against the petitioner.
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In the said case, the petitioner has been granted anticipatory
bail by the jurisdictional Sessions Court in
Crl.Misc.No.5147/2024, vide order dated 15.6.2024. Accused
No.7 who was tried for the charge sheeted offences in the
present case in SC No.152/2018 has been acquitted by the Trial
Court vide judgment and order of acquittal dated 27.11.2021.
Accordingly, he prays to allow the petition.
4. Per contra, learned HCGP opposes the petition and
prays for dismissal of the petition.
5. A perusal of the material on record would go to
show that the petitioner is involved in two criminal cases
registered against him by the very same police station in Crime
No.290/2017 and Crime No.294/2017 for offences punishable
under Sections 399 and 402 of IPC. According to the
prosecution, on 9.3.2017 when the first informant along with
his staff were on patrolling duty they received credible
information that about 8 to 9 unknown persons had assembled
in a place armed with deadly weapons and were preparing to
commit the crime. Immediately thereafter, the first informant
with his staff had gone to the said spot and had managed to
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apprehend accused Nos.1 to 3 and accused Nos.4 to 9 allegedly
managed to escape from the spot. The petitioner is arrayed as
accused No.4 in the charge sheet. Accused No.7 is also
charged for similar offences in the charge sheet. He was one of
the accused who managed to escape from the spot of crime
and he has been acquitted by the Trial Court in SC
No.152/2018. Undisputedly, except the aforesaid two cases
there are no other criminal cases registered against the
petitioner.
6. Learned counsel for the petitioner submitted that
the petitioner is working in a private company and he was
totally unaware of the criminal cases registered against him
and in Crime No.290/2017 he has been already granted
anticipatory bail by the jurisdictional Sessions Court in
Crl.Misc.No.5147/2024.
7. Considering the aforesaid aspects of the matter, I
am of the opinion that the prayer for grant of anticipatory bail
in this petition needs to be answered in the affirmative.
8. The petition is allowed. The respondent - Police or
any other police in the State of Karnataka are directed to
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release the petitioner in the event of his arrest in Crime
No.294/2017 registered by Rajagopal Nagar Police Station,
Bengaluru City, for the offences punishable under Sections 399
and 402 of IPC, subject to the following conditions:
1. The Petitioner shall appear before the
Investigating Officer within 15 days from the date
of receipt of the copy of this order and shall
execute a personal bond for a sum of Rs.1,00,000/-
with two sureties for the likesum to the satisfaction
of the investigating officer.
2. Petitioner shall regularly appear before the
Trial Court without fail unless exempted by the Trial
Court for valid reasons.
3. Petitioner shall not tamper with the
prosecution witness and he shall co-operate with
the police for investigation and appear before them
whenever called upon.
4. The petitioner shall not involve in similar
offences in future.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
ND
