- 1 - NC: 2025:KHC:13806 CRL.P No.3760/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3760/2025 BETWEEN: SRI. SUMESH SON OF MUNIYAPPA AGED ABOUT 33 YEARS RESIDENT AT NO.63 HOSURU ROAD NEAR OM SHAKTI TEMPLE BOMMANAHALLI BENGALURU-560068. …PETITIONER (BY SRI. SHANKAR H.S. ADV.,) AND: STATE OF KARNATAKA BY TAVAREKERE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C 15/2017 (CR.NO.216/2016) OF TAVAREKERE STATION, PENDING ON THE FILE THE I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, REGISTERED FOR THE O/P/U/S 143, 147, 148, 448, 427, 307, 302, 149, 114 OF IPC IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:13806 CRL.P No.3760/2025 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.7 in S.C.No.15/2017 pending before the Court of I Additional District and Sessions Judge, Ramanagara, arising out of Crime.No.216/2016 registered by Tavarekere police station, Ramanagara for the offences punishable under Sections 143, 147, 148, 448, 427, 307, 302, 149 and 114 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 earlier granted regular bail by this Court in Crl.P.No.2918/2017 disposed of on 28.06.2017. Subsequently, for the reason that he had not appeared before the trial Court on the regular dates of hearing, coercive steps were taken against him and he was remanded to judicial custody on 14.12.2023. - 3 - NC: 2025:KHC:13806 CRL.P No.3760/2025 Petitioner has no criminal antecedent. Accordingly, prays to allow the petition. 4. Per contra, learned HCGP appearing for the respondent-State, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner. 5. Perusal of material on record would go to show that petitioner is arrayed as accused No.7 in the charge sheet filed in the present case and he was enlarged on bail by the Co-ordinate Bench of this Court in Crl.P.No.2918/2017 disposed of on 28.06.2017. It appears that subsequently the petitioner had absented himself before the trial Court on the regular dates of hearing. Therefore, coercive steps were taken against him and his presence was secured before the trial Court on 14.12.2023 and on the said day he was remanded to judicial custody. Undisputedly, petitioner has no other criminal antecedent. For the mistake committed by the petitioner by not appearing before the trail Court on the regular dates of hearing, he has been sufficiently punished. - 4 - NC: 2025:KHC:13806 CRL.P No.3760/2025 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.15/2017 pending before the Court of I Additional District and Sessions Judge, Ramanagara, arising out of Crime.No.216/2016 registered by Tavarekere police station, Ramanagara for the offences punishable under Sections 143, 147, 148, 448, 427, 307, 302, 149 and 114 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:13806 CRL.P No.3760/2025 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 ABK List No.: 1 Sl No.: 54