- 1 - NC: 2025:KHC:11903 CRL.P No. 460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 460 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MANSOOR S/O INAYATH AGED ABOUT 28 YEARS RESIDING BESIDE SANA MASJID DUBAI LAYOUT, D J HALLI, BENGALURU - 560045 …PETITIONER (BY SRI. SYED NAUSHIRVAN., ADVOCATE) AND: STATE BY K G HALLI POLICE STATION BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.3) ON BAIL IN THE ABOVE SAID CASE, FOR THE OFFENCES P/U/S 427,143,144,147,145,307,148,149 OF IPC, U/S 2 OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981, OF K.G.HALLI P.S., IN CR.NO.244/2020 PENDING ON THE FILE OF THE HON'BLE IV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-21), MAYO HALL, BENGALURU. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11903 CRL.P No. 460 of 2025 THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 in SC.No.193/2021, pending before the Court of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-22), arising out of Crime No.244/2020 registered by Devarajeevanahalli Police Station, for the offences punishable under Sections 143, 144, 147, 145, 307, 148, 149 of Indian Penal Code (for short 'the IPC') and Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 (for short 'the KPDLP Act') is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner was granted regular bail in the present case in the year 2021 itself. Thereafter, for the reason that the petitioner had not appeared before the Trial Court on the regular dates of hearing, Non Bailable Warrant was issued against him and his presence was secured on - 3 - NC: 2025:KHC:11903 CRL.P No. 460 of 2025 12.11.2024 and on the said date, he was remanded to judicial custody. The petitioner is ready and willing to cooperate before the Trial Court. Accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition and submits that petitioner is a person with criminal antecedent and he was absconding, after he was released on bail. Accordingly, prays to dismiss the petition. 5. Perusal of the material on record would go to show that on the merits of the case, petitioner who was arrested in the present case was granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.25210/2021, which was disposed of on 04.03.2021. For the reason that the petitioner was not regular in appearing before the Trial Court, on the dates of hearing, non bailable warrant was issued against him and his presence was secured before the Trial Court on 12.11.2024. On the said day, he has been remanded to judicial custody. For the mistake committed by the petitioner, by not appearing before the Trial Court, he has been sufficiently punished. Apprehension expressed by the learned High Court Government Pleader can - 4 - NC: 2025:KHC:11903 CRL.P No. 460 of 2025 be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in SC.No.193/2021 registered by Devarajeevanahalli Police Station, for the offences punishable under Sections 143, 144, 147, 145, 307, 148, 149 of the IPC and Section 2 of the KPDLP Act, 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; - 5 - NC: 2025:KHC:11903 CRL.P No. 460 of 2025 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; 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. f) Petitioner shall appear before the Station House Officer, Devarajeevanahalli police station, Bengaluru on the first Sunday of every month and mark his attendance between 10.00 am and 1.00 pm, till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 35