- 1 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1239 OF 2025 BETWEEN: KIRAN KUMAR, S/O LOKYA NAYAK, AGED ABOUT 30 YEARS, R/AT NO. 4, BETTAPPA BUILDING, 2ND CROSS, SHIVAPURA, PEENYA 2ND PHASE, BANGALORE - 560 058. …PETITIONER (BY MISS. SWATHI R. BHAT, ADVOCATE FOR SRI. JAYANTHI R, ADVOCATE) AND: STATE OF KARNATAKA BY KAMAKSHIPALYA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO THE ABOVE NAMED PETITIONER WHO IS ARRAYED AS ACCUSED NO.2 MAY KINDLY BE RELEASED ON REGULAR BAIL IN CONNECTION WITH IN CR.NO.569/2016 (SC.NO.810/2017), PENDING BEFORE THE HONBLE COURT OF LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-67), AT BENGALURU, PERTAINING TO THE KAMAKSHIPALYA P.S., FOR THE OFFENCES P/U/S 394, 397 OF IPC. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 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 No.2 in S.C.No.810/2017 pending before the Court of LXVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.569/2016 registered by Kamakshipalya Police Station, Bengaluru City for offences punishable under Sections 394 and 397 of IPC is before this Court under Section 483 of BNSS, 2023 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 the petitioner was earlier granted regular bail by this Court in Crl.P.No.2521/2017 disposed off on 07.06.2017. For the reason petitioner was not appearing before the Trial Court, NBW was issued against him and his presence was secured on 21.12.2024 and on the said date he has been remanded to judicial custody. Petitioner is ready and willing to cooperate before the Trial - 3 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 Court for disposal of the case. She submits that the last criminal case was registered against the petitioner in the year 2016 and thereafter, he had not involved in any other criminal case. Accordingly, she prays to allow this petition. 4. Per contra, learned HCGP has opposed the petition. He submits that petitioner is involved in eight other criminal cases of similar nature. Accused No.1 is also absconding and a split-up case has been now registered against him in S.C.No.194/2025, in the event petitioner is enlarged on bail he is likely to flee away from justice. Accordingly, he prays to dismiss this petition. 5. Perusal of the material on record would go to show that on the merits of the case accused Nos.1 and 2 were granted regular bail by this Court in Crl.P.No.2521/2017 disposed off on 07.06.2017. It appears that subsequently petitioner had absented himself before the Trial Court and it is under these circumstances, NBW was issued against him in S.C.No.810/2017 and his - 4 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 presence was secured on 21.12.2024 and on the said date, he was remanded to judicial custody. 6. Learned Counsel for the petitioner submits that petitioner was arrested in another criminal case in Crime No.124/2016 registered by Byatarayanapura Police Station and he was in custody in the said case from 05.07.2019 and in the said case he was granted regular bail by this Court in Crl.P.No.4122/2021 disposed of on 02.07.2021. It is under these circumstances, he could not appear before the Trial Court in the present case. Be that as it may be, on the merits on the case petitioner was granted regular bail by this Court and for his absence, he has give some plausible explanation. For the mistake committed by the petitioner, he has been sufficiently punished. Apprehension expressed by the HCGP can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following : ORDER The petition is allowed. - 5 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.810/2017 pending before the Court of LXVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.569/2016 registered by Kamakshipalya Police Station, Bengaluru City for offences punishable under Sections 394 and 397 of IPC, subject to the following conditions: a) The petitioner shall execute 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; b) The petitioner shall mark his attendance before the Station House Officer, Kamakshipalya Police Station on the first Sunday of every month between 10:00 a.m. and 1:00 p.m., till the case is registered against him is disposed off; c) 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; - 6 - NC: 2025:KHC:10167 CRL.P No. 1239 of 2025 d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The petitioner shall not involve in similar offences in future; f) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 49 CT: BHK