Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11319 CRL.P No. 690 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 690 OF 2025 BETWEEN:
1. SRI.SUNIL, S/O KRISHNEGOWDA, AGED ABOUT 35 YEARS, RESIDING AT SAPPANAHALLI VILLAGE, CHIKKA ARASINAKERE HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 401.
2.
SRI SHOBHARAJU, S/O KRISHNEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT SAPPANAHALLI VILLAGE, CHIKKA ARASINAKERE HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 401. …PETITIONERS (BY SRI. BHASKAR C R., ADVOCATE) AND:
STATE BY BIDADI POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.B.R.AMBEDKAR VEEDI, BANGALORE - 560 001. …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP)
Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:11319 CRL.P No. 690 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN SC NO.99/2022 (CR.
NO. 12/2010) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 395 OF IPC REGISTERED BY THE BIDADI POLICE, RAMANAGARA DISTRICT PENDING ON THE FILES OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER Accused Nos.13 and 14 in S.C.No.99/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara District, arising out of Crime No.12/2010 registered for offences punishable under Sections 363, 395 of IPC and Section 14, 32, 34 & 38(A) of Karnataka Excise Act, 1965 are before this Court under Section 483 of BNSS Act, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
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NC: 2025:KHC:11319 CRL.P No. 690 of 2025
3. Perusal of the material on record would go to show that petitioners herein who were arrested in the present case were granted regular bail by the Jurisdictional Sessions Court in S.C.No.60/2011 by order dated
05.11.2018. It appears that subsequently petitioners had absented themselves on the regular date of hearing before the Trial Court and a split-up case was registered against them in S.C.No.99/2022 and coercive steps were taken to secure their presence and ultimately their presence was secured on 25.11.2024 and on the said date they were remanded to judicial custody. Their bail application filed before the Trial Court, thereafter in Crl.Misc.No.1027/2024 was rejected on 13th December,
2024.
4. It is not in dispute that petitioners have no other criminal antecedents and they are direct brothers. For the mistake committed by them by not appearing before the Trial Court on regular dates of hearing, they have been sufficiently punished. They are now in custody
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NC: 2025:KHC:11319 CRL.P No. 690 of 2025
from 25.11.2024. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner/accused Nos.13 and 14 are directed to be enlarged on bail in S.C.No.99/2022 pending before the Court of III Additional District and Sessions Judge, Ramanagara District, arising out of Crime No.12/2010 registered for offences punishable under Sections 363, 395 of IPC and Section 14, 32, 34 & 38(A) of Karnataka Excise Act, 1965 subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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NC: 2025:KHC:11319 CRL.P No. 690 of 2025
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KVR List No.: 1 Sl No.: 32