- 1 - NC: 2025:KHC:4153 CRL.P No. 421 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 421 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: VIKYATH KUMAR S/O SRIDHAR, AGED ABOUT 35 YEARS, R/AT NIRANJANA SHETTY COMPOUND, JYOTHINAGARA, KULASHEKARA, MANGALORE. …PETITIONER (BY SRI. KARUNAKARA P., ADVOCATE) AND: THE STATE BY BARKE POLICE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-1. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO RELEASE THE PETITIONER IN S.C.NO.92/2020 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA DISTRICT IN CRIME NO.130/2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 120(B), 143, 147, 148, 341, 323, 324, 384, 506, 207, 353 R/W 149 IPC PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4153 CRL.P No. 421 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Charge sheet is filed by Barke Police, in their Police Station Crime No.130/2017 for offences punishable under Section 120B, 143, 147, 148, 341, 323, 324, 384, 506, 307, 353 r/w 149 of IPC. 3. Petitioner is arraigned as accused No.15 in the charge sheet. The trial is pending in S.C.No.92/2020 before the IV Additional District and Sessions Judge, Dakshina Kannada District. This petition is filed seeking to enlarge the petitioner on bail. 4. The material on record would reveal that the petitioner was initially granted bail on 23.08.2022. Since, - 3 - NC: 2025:KHC:4153 CRL.P No. 421 of 2025 he failed to appear before the trial Court when the matter was posted on 10.09.2024, warrant was issued against him. He appeared before the Court on 10.10.2024 and filed an application under Section 70(2) of Cr.P.C., to recall the warrant, however, the learned trial Judge has rejected the said application and sent him to judicial custody. 5. Learned counsel for petitioner has contended that petitioner was regularly appearing before the trial Court i.e.,28.03.2024, 29.05.2024, 16.07.2024 and 30.07.2024 but due to ill-health of his wife as she was pregnant, he was unable to appear before the trial Court on 10.09.2024. He submitted that non-appearance was not intentional, but for bonafide reasons. 6. This Court finds that the petitioner was appearing before the trial Court regularly but on one occasion that is on 10.09.2024 due to his absence, NBW was issued and he was remanded to judicial custody. - 4 - NC: 2025:KHC:4153 CRL.P No. 421 of 2025 7. Petitioner has undertaken to regularly appear before the trial Court henceforth. Hence, an opportunity can be given to him. Petition is allowed. Petitioner/accused No.15 in S.C.No.92/2020 pending on the file of the IV Additional District and Sessions Judge, Dakshina Kannada, shall be released on bail on the same terms and conditions imposed against him at the time of his release on bail at first instance. If any of the conditions are violated, the petitioner will not be entitled for further indulgence. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 11 Ct:ra