- 1 - NC: 2025:KHC:7232 CRL.P No. 1141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1141 OF 2025 BETWEEN: SHANKAR @ KARIYA, S/O LATE. GOVINDARAJU, AGED ABOUT 30 YEARS, R/AT NO.216, 6TH MAIN, LAKSHMI VENKATESHWARA STORE, NEAR SHANIMAHATMA TEMPLE, BASAPPAKATTI, RAJAGOPALANAGAR, BENGALURU - 560 058. …PETITIONER (BY SRI. GIREESHA R.J, ADVOCATE) AND: STATE BY RAJAGOPALANAGAR POLICE STATION, BENGALURU - 560 058. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.538/2018 (S.C. NO.2122/2022) FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 141, 142, 144, 146, 147, 307, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7232 CRL.P No. 1141 of 2025 504, 506 R/W SECTION 149 OF INDIAN PENAL CODE, REGISTERED BY RAJAGOPALNAGAR POLICE STATION, NOW THE CASE IS PENDING ON THE FILE HONBLE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-67). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader takes notice for respondent / State. 2. The petitioner is praying to enlarge him on bail in S.C No.2122/2022 pending on the file of the Court of Learned LXVI Additional City Civil and Sessions Judge, Bengaluru (CCH-67). 3. The FIR was registered in Crime No.538/2018 of Rajagopal Nagar Police Station, against accused Nos.1 to 10 for offences punishable under Sections 506, 307, 504 read with Section 34 of IPC, on a complaint lodged by one Ravichandra S/o Babanna. Petitioner is arraigned as accused No.4. - 3 - NC: 2025:KHC:7232 CRL.P No. 1141 of 2025 4. It is alleged that on 06.10.2018 at about 1.00 a.m., near first main, second cross, Rajagopal Nagar, Bengaluru City, all the accused formed an unlawful assembly armed with dangerous weapons, with an intention to commit the murder of first informant and his friend Kiran and they assaulted both of them and caused injuries. 5. The petitioner was granted bail by the Sessions Court in Crl.Misc.No.9941/2018 vide order dated 06.12.2018 on certain terms and conditions. After furnishing surety, he remained absent and therefore, he was secured under warrant on 04.12.2024. He is in judicial custody since then. 6. Learned Sessions Judge has dismissed the bail petition on the ground that due to abscondance of the accused, the trial is hampered and therefore, if he is released on bail, he may once again abscond, which may hamper the trial. It is further observed that the - 4 - NC: 2025:KHC:7232 CRL.P No. 1141 of 2025 petitioner has violated the conditions and therefore, he is not entitled for bail. 7. Learned counsel for the petitioner submitted that, due to unavoidable circumstances and due to the ill-health of petitioner’s mother, he could not appear before the Trial Court on 08.02.2024 and therefore, NBW was issued against him. He submitted that the petitioner will undertake to appear before the Trial Court on every date of hearing and he will furnish fresh surety. 8. Considering that the petitioner was granted bail earlier and in view of the undertaking given by him, an opportunity can be given to the petitioner. It is made clear that no further indulgence will be shown in case of violation of conditions. Accordingly, the following: ORDER i. Petition is allowed. - 5 - NC: 2025:KHC:7232 CRL.P No. 1141 of 2025 ii. Petitioner/accused No.4 in Crime No.538/2018 of Rajagopal Nagar Police station, Bengaluru City, pending in S.C No.2122/2022 on the file of the Court of LXVI Additional City Civil and Sessions Judge, Bengaluru (CCH- 67) shall be released on bail, subject to following conditions: a) He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall not threaten the prosecution witnesses directly or indirectly. c) He shall appear before the Trial Court on all dates of hearing. d) He shall not commit any offence. iii. Violation of the above condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE KBM List No.: 1 Sl No.: 18 CT: BHK