- 1 - NC: 2025:KHC:5066 CRL.P No. 925 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 925 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KRUSHIK S @ KRUSHI, S/O SURESH, AGED ABOUT 25 YEARS R/AT NO.70/216, BEL LAYOUT, BYADARAHALLI, VISHWANEEDAM POST, BANGALORE NORTH, BANGALORE-560 092. PERMANENT R/AT SHIVALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 405. …PETITIONER (BY SRI. RAVIKUMARA B.R., ADVOCATE) AND: STATE BY TAVAREKERE PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO.90/2019 TAVAREKERE P.S. (SPLIT UP C.C.NO.4102/2022) FOR THE OFFENCE PUNISHABLE UNDER SECTION 399 AND 402 OF IPC PENDING BEFORE THE 2ND ADDL CIVIL JUDGE (JR.DN) AND JMFC, MAGADI. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5066 CRL.P No. 925 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 Heard the learned counsel for petitioner, the learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Cr.No.90/2019 of Tavarekere Police Station, Ramanagara, was registered against accused Nos.1 to 6 for offence punishable under Section 399 and 402 of IPC. 3. It is the case of prosecution that on 13.3.2019 at about 10.40 pm, accused had assembled near Jodi Banyan Tree, Peddanapalya-Hunnigere Road, Doddamaranahalli, Tavarakere, and they were making preparations to commit dacoity. 4. On receiving a credible information about the accused persons, the complainant-PSI, Tavarekere police - 3 - NC: 2025:KHC:5066 CRL.P No. 925 of 2025 station along with his staff and panchas went to the spot. On seeing the police, two of the accused escaped, however, rest of the accused were apprehended. An autorickshaw bearing registration No.KA 02 AG 7206, a Honda Activa two wheeler without a number plate, a long, a wooden club and chilli powder packet were seized from them under a mahazar. 5. Accused Nos.1 to 4 were granted bail by the Sessions Court in Crl.Misc.No.327/2019 vide order dated 26.6.2019. Since the petitioner failed to appear before the trial Court, warrant was issued. He came to be arrested on 20.11.2024. The learned Sessions Judge has rejected his petition in Crl.Misc.No.1001/2024 vide order dated 30.12.2024. 6. While enlarging the petitioner and other accused on bail, certain conditions were imposed including that they shall appear before the trial Court regularly on all dates of hearing and cooperate for early disposal of the - 4 - NC: 2025:KHC:5066 CRL.P No. 925 of 2025 case. However, the petitioner has violated the said condition by not appearing before the trial Court. 7. Learned counsel for the petitioner would contend that after filing of charge sheet, petitioner did not receive the summons and therefore, his non-appearance before the trial Court was unintentional. He submitted that the petitioner will regularly appear before the trial Court henceforth and cooperate for early disposal of the case. 8. Petitioner has undertaken to furnish fresh surety and to appear before the trial Court regularly henceforth. Considering that he was enlarged on bail earlier, an opportunity can be given to him. Hence, by imposing necessary conditions, he can be released on bail. Accordingly, the following: ORDER 1. Petition is allowed. - 5 - NC: 2025:KHC:5066 CRL.P No. 925 of 2025 2. Petitioner/accused No.2 in FIR No.90/2019 of Tavarekere Police Station, Ramanagara, pending on the file of the Court of II Additional Civil Judge (Jr.Dn) & JMFC Court, Magadi, Ramanagara District in Split up case in C.C.No.4102/2022 (accused No.1) is ordered to be released on bail subject to following conditions: 1. He 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. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing and - 6 - NC: 2025:KHC:5066 CRL.P No. 925 of 2025 cooperate for the early disposal of the case. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 41 Ct:ar