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2025 DAILYLAW 17232 (KAR)

G.R. GIRISH v. STATE OF KARNATAKA

CRL.P/2387/2025 · 2025-03-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11354 CRL.P No. 2387 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. 2387 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: G.R. GIRISH S/O. RAJA REDDY, AGED ABOUT 30 YEARS, GELAKARAPALLI VILLAGE, PHARAGODU PANCHAYATH, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 207. …PETITIONER (BY SRI. RAJASHEKARA R.V., ADVOCATE) AND: STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, BY GUDIBANDE POLICE STATION, CHIKKABALLAPURA DISTRICT-561 207, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.77/2017 (IN SC.NO.75/2017) OF GUDIBANDE POLICE STATION CHIKKABALLAPURA DISTRICT, FOR THE ALLEGED OFFENCES U/S 395 OF IPC, PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11354 CRL.P No. 2387 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.1 in S.C.No.75/2017, pending before the Court of III Additional District and Sessions Judge, Chikkaballapura District, arising out of Crime No.77/2017 registered by Gudibande Police Station, Chikkaballapura, for offence punishable under Section 395 of Indian Penal Code (for short 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsels for the parties. 3. Perusal of the materials on record would go to show that on merits of the case, petitioner was earlier granted regular bail in the present case and for the reason that he had not appeared before the Trial Court on the regular dates of hearing, Non-Bailable Warrant was issued against him and his presence was secured on 31.05.2023 and on the said date, he was remanded to judicial custody. Bail application filed by the petitioner before the Trial Court in S.C.No.75/2017 was rejected on 17.01.2024. Therefore, he is before this Court. - 3 - NC: 2025:KHC:11354 CRL.P No. 2387 of 2025 4. The fact remains that, on merits of the case, petitioner was earlier granted regular bail and only for the reason that he had not appeared before the Trial Court on the regular dates for hearing, his presence was secured and he is now in custody from 31.05.2023. For the mistake committed by the petitioner, he has already been sufficiently punished. Under such circumstances, 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.77/2017 registered by Gudibande Police Station, Chikkaballapura, for offence punishable under Sections 395 of Indian Penal Code, 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 appear regularly on all the dates of hearing before the Trial Court - 4 - NC: 2025:KHC:11354 CRL.P No. 2387 of 2025 unless the Trial Court exempts his appearance for valid reasons; 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.: 49