- 1 - NC: 2025:KHC:13889 CRL.P No. 4008 of 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. 4008 OF 2025 BETWEEN: THAMMAIAH @ U.M. SURESHA S/O MALLEGOWDA AGED ABOUT 43 YEARS R/O UPPALI VILLAGE, KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI GIRISH B BALADARE, ADV.) AND: THE STATE OF KARNATAKA BY ALUR POLICE STATION HASSAN DISTRICT - 573 201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.NO.368/2014 (ARISING OUT OF CR.NO.379/2013) THE CASE IS REGISTERED BY ALUR POLICE STATION, HASSAN DISTRICT, FOR THE OFFENCE P/U/S 448 AND 307, 75 OF IPC, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC AT HASSAN ON SUCH TERMS AND CONDITIONS DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13889 CRL.P No. 4008 of 2025 ORAL ORDER Accused in S.C.No.133/2024 pending on the file of the II Addl. District & Sessions Judge, Hassan arising out of Crime No.379/2013 registered by Alur Police Station, Hassan District for the offence punishable under Sections 448, 307 & 75 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.379/2013 was registered by Alur Police Station, Hassan District initially for the offence punishable under Sections 448, 324 & 506 of IPC against the petitioner herein, on the basis of first information dated 24.11.2013 received from Smt. Prabhavathi, who is the injured victim in the present case. It appears that absconding charge sheet was filed against the petitioner in the present case and coercive steps were taken by the Trial Court to secure his presence. Subsequently, he was apprehended on 26.06.2024 and produced before the - 3 - NC: 2025:KHC:13889 CRL.P No. 4008 of 2025 committal Court and was remanded to judicial custody. Thereafter, case was committed to the Trial Court and bail application filed by the petitioner before the Trial Court in S.C.No.133/2024 was rejected on 26.07.2024. 4. Learned counsel appearing for the petitioner submits that the victim had suffered only simple injury in the incident in question. Therefore, FIR has been initially registered for the offence punishable under Sections 448, 324 & 506 of IPC. The petitioner who was convicted in S.C.No.31/2002 by the jurisdictional Sessions Court was acquitted in Crl.A.No.1700/2007 passed by the coordinate bench of this Court. The petitioner is ready and willing to cooperate before the Trial Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that, initially FIR was registered against the petitioner in the present case for the offences punishable - 4 - NC: 2025:KHC:13889 CRL.P No. 4008 of 2025 under Sections 448, 324 & 506 of IPC. The wound certificate of the victim would go to show that, the victim had suffered only simple injury and the said injury is not on vital part of the body. The petitioner who was convicted in S.C.No.31/2002 by the jurisdictional Sessions Court has been subsequently acquitted for the alleged offences in S.C.No.31/2002 by the division bench of this Court in Crl.A.No.1700/2007 disposed of on 21.01.2013. 7. The petitioner has undertaken to cooperate with the Trial Court for the purpose of disposal of the present case as against him. 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. 8. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in S.C.No.133/2024 pending on the file of the II Addl. District & Sessions Judge, Hassan arising out of Crime No.379/2013 registered by Alur Police Station, Hassan - 5 - NC: 2025:KHC:13889 CRL.P No. 4008 of 2025 District for the offence punishable under Sections 448, 307 & 75 of IPC, subject to the following conditions: a) The 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