- 1 - NC: 2025:KHC:11405 CRL.P No. 2989 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. 2989 OF 2025 BETWEEN: SRI SURESH @ DUBAI SURESH S/O. SHYAM AGED ABOUT 35 YEARS R/AT, 3RD CROSS RIGHT SIDE HOSAMANE EXTENSION NEAR HINDUMAHASABHA GANPATHI TEMPLE BHADRAVATHI TOWN SHIVAMOGGA DISTRICT - 577 205. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND: STATE OF KARNATAKA BY KADUR POLICE STATION CHIKKAMAGALURU DISTRICT (REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 01) …RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN SC.NO.109/2017 IN CR.NO.281/2013 REGISTERED AT KADUR P.S., PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU, FOR THE OFFENCES P/U/S 302,201,392,120(B) R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11405 CRL.P No. 2989 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.281/2013 registered by Kadur Police Station, Chikkamagalur District for the offence punishable under Section 302, 201, 392, 120(B) R/w 34 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.281/2013 was registered by Kadur Police Station, Chikkamagalur District initially for the aforesaid offences against the petitioner herein and 2 others, on the basis of first information dated 20.12.2013 received from Sri E Lokesh, police officer, attached to Kadur Police Station. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 20.11.2024. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11405 CRL.P No. 2989 of 2025 S.C.No.109/2017 was dismissed on 04.12.2024. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, on the merits of the case, the petitioner was enlarged on bail by order dated 27.10.2017 passed in Crl.Misc.No.788/2017 by the jurisdictional Sessions Court. It appears that thereafter he had remained absent before the Trial Court and coercive steps are taken against him to secure his presence. Finally, his presence was secured on 20.11.2024 and on the said date he has been remanded to judicial custody. The case before the Trial Court was at the stage of recording 313 statement. 6. Be that as it may, fact remains that on the merits of the case the petitioner was enlarged on bail in the present case in the year 2017 itself and thereafter regularly he was appearing before the Trial Court and it is only in the month of January, 2024 he had remained absent before the Trial Court. However, his application seeking exemption from appearance was allowed. - 4 - NC: 2025:KHC:11405 CRL.P No. 2989 of 2025 Subsequently, on 09.07.2024 his advocate had submitted that he has no instruction from the accused to file application seeking exemption from appearance and therefore NBW was issued against the petitioner and his presence was secured on 20.11.2024 and on the said date he was remanded to judicial custody. For the mistake committed by the petitioner he has been sufficiently punished. The petitioner has no other criminal antecedents. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Crime No.281/2013 registered by Kadur Police Station, Chikkamagalur District for the offences punishable under Sections 302, 201, 392, 120(B) R/w 34 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:11405 CRL.P No. 2989 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS