Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 17227 (KAR)

KARTHIK v. STATE OF KARNATAKA BY ITS

CRL.P/2299/2025 · 2025-04-01

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13484 CRL.P No. 2299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2299 OF 2025 BETWEEN: KARTHIK S/O NANJA REDDY, AGED ABOUT 27 YEARS, R/AT PARAPANAHALLI, JIGANI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU. …PETITIONER (BY SRI. RAJASHEKARA R.V., ADVOCATE) AND: STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, PARAPPANA AGRAHARA POLICE. BENGALURU CITY - 560 100. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING. BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.663/2016, (IN CR.NO.20/2016) OF PARAPPANA AGRAHARA POLICE BENGALURU CITY FOR THE ALLEGED OFFENCE UNDER SEC.302, 120(B), 109 R/W 34 OF IPC PENDING ON THE FILE OF THE LXI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13484 CRL.P No. 2299 of 2025 ORAL ORDER Accused No.1 in S.C.No.663/2016 pending before the Court of LXI Additional City Civil and Sessions Judge, Bengaluru, CCH-62, arising out of Crime No.20/2016 registered by Parappana Agrahara Police Station, Bengaluru for offences punishable under Sections 302, 120B, 109 read with Section 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC 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, petitioner was earlier granted regular bail and for the reason he had not appeared before the Trial Court, he was produced under body warrant before the Trial Court on 16.03.2023 and on the said date, he was remanded to judicial custody. For the last more than 2 years, he is in custody in the present case. Accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition. - 3 - NC: 2025:KHC:13484 CRL.P No. 2299 of 2025 5. Perusal of the material on record would go to show that, petitioner who was arrested in the present case was granted regular bail by this Court in Crl.P.No.8475/2016 disposed of on 19.01.2017. It appears that since the petitioner had not appeared before the Trial Court, thereafter, a split-up case was registered against him and in the said proceedings on 23.08.2021, it was brought to the notice of the Trial Court by the learned advocate appearing for the petitioner, that petitioner was arrested in another case and was in custody. Therefore, Trial Court had issued body warrant against the petitioner and subsequently, on 16.03.2023 he was produced before the Trial Court in the present case and on the said date, he was remanded to judicial custody in the present case. Be that as it may, fact remains that on the merits of the case petitioner was earlier granted regular bail in the present case and only for the reason that he had absented himself before the Trial Court his presence was secured and he was remanded to judicial custody. Material on record would also go to show that petitioner was arrested in some other case and therefore, it appears that he could not appear before the Trial Court in the present case. For the mistake committed by the petitioner by - 4 - NC: 2025:KHC:13484 CRL.P No. 2299 of 2025 not appearing before the Trial Court on regular dates of hearing, he has been sufficiently punished. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.20/2016 registered by Parappana Agrahara Police Station, Bengaluru for offences punishable under Sections 302, 120B, 109 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; - 5 - NC: 2025:KHC:13484 CRL.P No. 2299 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 72