- 1 - NC: 2025:KHC:15201 CRL.P No. 2730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2730 OF 2025 BETWEEN: SOMASHEKAR S/O SRI VENKATARAMANAPPA, AGED ABOUT 36 YEARS, R/AT NO. 85, 1ST CROSS, HARI COLONY, SARABANDEPALYA, BANASHANKARI 2ND STAGE, BENGALURU – 560 050. …PETITIONER (BY SRI. GIREESHA R.J, ADVOCATE) AND: STATE BY KUMARASWAMY LAYOUT POLICE STATION, BENGALURU – 560 078. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE PETITIONER ON BAIL IN CRIME NO.202/2012 (S.C. NO.128/2020) FOR THE ALLEGED OFFENCES PUNISHABLE U/S. 399 AND 402 OF INDIAN PENAL CODE, REGISTERED BY THE KUMARASWAMY LAYOUT POLICE STATION, NOW THE CASE IS PENDING ON THE FILE OF LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-64). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15201 CRL.P No. 2730 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C No.128/2020 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-64) arising out of Crime No.202/2012 registered by Kumaraswamy Layout Police Station, Banashankari Sub Division, Bengaluru, for the offences punishable under Sections 399 and 402 of the Indian Penal Code, is before this Court 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 granted regular bail in the present case earlier and he was appearing before the committal Court in the present case from the year 2012 till the case was committed in the year 2020 to the jurisdictional Sessions Court, thereafter, he had appeared before the Trial Court in S.C No.128/2020 nearly for a period of three years. For the reason that he had not appeared before the Trial Court, coercive steps were taken against him and his presence was secured on 31.01.2025 and remanded to judicial custody. The - 3 - NC: 2025:KHC:15201 CRL.P No. 2730 of 2025 petitioner has been acquitted in three cases out of five cases registered against him. 4. Per contra, the learned High Court Government Pleader does not dispute the submission made by the learned counsel for the petitioner. 5. A perusal of the record would go to show that FIR in Crime No.202/2012 was registered by Kumaraswamy Layout Police Station for the aforesaid offences against five persons. The petitioner is arrayed as accused No.1 in the FIR. The material on record would go to show that he was granted regular bail in Crl.Misc.No.2454/2012 on 26.05.2012 during the crime stage. Thereafter, the case was committed to the Sessions Court and numbered as S.C No.128/2020. It appears that before the Sessions Court, he had not appeared and therefore, he was arrested and granted regular bail on 30.01.2021 by the Trial Court in S.C No.128/2020. Subsequently, once again the petitioner absented himself before the Trial Court on the dates of hearing in the year 2023 and coercive steps were therefore taken against him and his presence was secured on 31.01.2025. - 4 - NC: 2025:KHC:15201 CRL.P No. 2730 of 2025 6. Be that as it may, on the merits of the case, the petitioner was granted regular bail in the present case during the crime stage itself. The learned counsel for the petitioner has produced material before the Court to show that out of five criminal cases which were registered against the petitioner, he has already been acquitted in three cases. He has undertaken to appear before the Trial Court for the purpose of disposal of the case pending against him. For the mistake committed by the petitioner by not appearing before the Trial Court on the dates of hearing, the petitioner has been punished. 7. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioner for the grant of regular bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.202/2012 registered by the Kumaraswamy Police Station, Bengaluru for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:15201 CRL.P No. 2730 of 2025 a) Petitioner 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; 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; 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 UN List No.: 1 Sl No.: 49