Lohith vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.2 in C.C.No.4203/2022 pending before th Court of II Addl. Civil Judge & JMFC, Magadi arising out of Crime No.230/2019 registered by Tavarekere Police Station, Ramanagara District, for the offence punishable under Section 397 of IPC and Section 27 of the Indian Arms Act, 1959 is before this Court under Section 439 of Cr.P.C, seeking regular bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.230/2019 was registered by Tavarekere Police Station, Ramanagara District initially for the offences punishable under Section 392 of IPC and Section 27 of the Indian Arms Act, 1959 against four unknown persons, on the basis of first information dated 30.08.2019 received from Sri Reddyshekar S/o Narasimhalu. During the course of investigation, the petitioner herein was arrested on 10.10.2019 and remanded to judicial custody. Investigation in the case was completed and charge sheet has been filed.

The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.206/2025 was dismissed on 14.03.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner was produced under body warrant in the and he was remanded to judicial custody in the present case. He submits that in other case registered against the petitioner in the year 2019 he has been granted regular bail. After 2019 the petitioner is not involved in any other criminal case. Accordingly, he prays to allow the petition.

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

The material on record would go to show that FIR in the present case was initially registered against four unknown persons, based on the first information dated 30.08.2019 received from Sri Reddyshekar S/o Narasimhalu. In the first information it is averred that, on 29.08.2019 at about 9.20 p.m, when the first informant was returning home after finishing work in Kruthika Blue Metal Crusher, four persons intercepted his motorbike and threatened him showing deadly weapons. Thereafter, they pushed the first informant and took away his motorbike bearing registration No.KA-05-KK-7900.

The material on record would go to show that, the learned Magistrate had permitted the Investigation Officer to conduct test identification parade of accused, who were arrested in the present case and the police, who had interrogated the accused had also recorded confession statement. It appears that, the petitioner was enlarged on bail in the main case, in which he was arrested and therefore he was released from bail. Subsequently, the learned Magistrate has taken coercive steps in the present case and the presence of the petitioner was secured in the present case on 15.01.2025 and on the said date he was remanded to judicial custody. It is not in dispute that, after the year 2019, the petitioner has not involved in any other criminal case. In similar circumstances, accused No.4 has been granted regular bail by this Court in Crl.P.No.4540/2025. In the other criminal case registered against the petitioner he is said to have been enlarged on bail.

Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

Accordingly, the following:

ORDER

Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in C.C.No.4203/2022 pending before the Court of II Addl. Civil Judge (Jr.Dn) & JMFC, Magadi arising out of Crime No.230/2019 registered by Tavarekere Police Station, Ramanagara District, for the offence punishable under Section 397 of IPC and Section 27 of the Indian Arms Act, 1959, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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;