- 1 - NC: 2025:KHC:13282 CRL.P No. 3590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3590 OF 2025 BETWEEN: SRI KEMPARAJU P.G S/O GANGANNA AGED ABOUT 30 YEARS RESIDENT OF PALASANDRA VILLAGE, GULURU HOBLI TUMAKURU TALUK - 572 101. …PETITIONER (BY SRI NAIK N.R, ADV.) AND: THE STATE OF KARNATAKA BY ITS STATION HOUSE OFFICE R JAYANAGAR POLICE STATION TUMAKURU - 572 101 REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL S.C NO.123/2023 9IN C.C NO.141/2023 AND IN CRIME NO.127/2022) REGISTERED BY JAYANAGARA POLICE STATION TUMKURU, FOR THE O/P/U/S 341, 307, 326, 506 R/W SECTION 34 OF IPC SAME WAS PENDING ON THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKURU. THE VI ADDL.DIST AND SESSIONS JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 25.01.2025 IN CRL.MISC.NO.55/2025. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13282 CRL.P No. 3590 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 1. Accused No.2 in SC No.123/2023 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru, arising out of Crime No.127/2022 registered by Jayanagara Police Station, Tumakuru, for the offences punishable under Sections 326, 506, 341, 34 and 307 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on merits of the case, petitioner was granted regular bail earlier by the jurisdictional Sessions Court. For the reason that he had failed to appear before the Trial Court on the regular dates of hearing, his presence was secured and remanded to judicial custody. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. - 3 - NC: 2025:KHC:13282 CRL.P No. 3590 of 2025 5. The material on record would go to show that petitioner who was arrested in the present case on 16.11.2022 was subsequently granted regular bail before the jurisdictional Sessions Court. It appears that subsequently, he had absented himself before the Trial Court on the regular dates of hearing and therefore, NBW was issued against him and his presence was secured on 29.11.2024 and on the said date, he was remanded to judicial custody. For the mistake committed by him by not appearing before the Trial Court on the regular dates of hearing, he has been sufficiently punished. On the merits of the case, petitioner was earlier granted regular bail. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.123/2023 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru, arising out of Crime No.127/2022 registered by Jayanagara Police Station, Tumakuru, for the offences punishable under Sections 326, 506, 341, 34 and 307 of IPC, subject to the following conditions: - 4 - NC: 2025:KHC:13282 CRL.P No. 3590 of 2025 a) Petitioner shall execute a 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; 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 DN