- 1 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4305 OF 2025 BETWEEN: HUCHAPPA @ RAJESH, S/O HANUMANTHAIAH, AGED ABOUT 39 YEARS, R/A NO. NEAR MUTHURAYANA TEMPLE, KADABAGERE VILLAGE, DASANAPURA HOBLI, NELAMANGALA TALUKU, BENGALURU RURAL DISTRICT, BENGALURU - 562 130. …PETITIONER (BY SRI. DEENABANDHU RAI N.,ADVOCATE) AND: THE STATE OF KARNATAKA, BY RURAL POLICE STATION TUMKURU, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIOENR ON BAIL IN CRIME NO.176/2022, NOW IN S.C.NO.36/2023, FOR OFFENCE P/U/S.143, 147,120(b), 448, 307, 504, 506, 149 OF IPC AND ARMS ACT, 1959 U/S 27 ON THE FILE OF TUMKURU RURAL Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 POLICE STATION, TUMAKURU, PENDING ON THE FILE OF HONBLE VI ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKUR, IN THE ABOVE CASE. 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.3 in S.C.No.36/2023 pending before the Court of VI Additional District and Sessions Judge, Tmakuru, arising out of Crime No.176/2022 registered by Tumakuru Rural Police Station, Tumakuru, for offences punishable under Sections 143, 147, 120(B), 448, 307, 504, 506, 149 of IPC and Section 27 of Arms Act, 1959, is before this Court under Section 439 of Cr.PC 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 petitioner who was arrested in the present case on 18.08.2022 was granted regular bail - 3 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 in Crl.Misc.No.334/2023 by the jurisdictional Sessions Court by order dated 25th March, 2023. For the reason that petitioner had not appeared before the trial Court on the regular dates of hearing, his presence was secured before the trial Court on 04.02.2025 and on the said date he was remanded to judicial custody. He submits that petitioner undertakes to appear before the trial Court regularly in future. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP who has opposed the petition submits that petitioner is a person with criminal antecedents and in the event petitioner is enlarged on bail he is likely to flee away from justice. Accordingly, he prays to dismiss this petition. 5. Perusal of the material on record would go to show that FIR was initially registered in the present case against Kumara and four others. Petitioner's name is not found in the FIR. During the course of investigation, he was arrested on 18.08.2022 and subsequently he was - 4 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 granted bail by the Jurisdictional Sessions Court in Crl.Misc.No.334/2023 by order dated 25.03.2023. For the reason that petitioner had not appeared before the trial Court on the regular dates of hearing, it appears that coercive steps were taken against him and his presence was secured on 04.02.2025 and on the said date he was remanded to judicial custody. Be that as it may, fact remains that on the merits of the case petitioner was granted regular bail by the Jurisdictional Sessions Court. For the mistake committed by the petitioner by not appearing before the trial Court on the regular dates of hearing, he has been sufficiently punished. Apprehension expressed by the HCGP can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following : ORDER The petition is allowed. - 5 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.36/2023 is pending before the Court of VI Additional District and Sessions Judge, Tmakuru, arising out of Crime No.176/2022 registered by Tumakuru Rural Police Station, Tumakuru, for offences punishable under Sections 143, 147, 120(B), 448, 307, 504, 506, 149 of IPC and Section 27 of Arms Act, 1959, subject to the following conditions: a) The petitioner shall execute 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; - 6 - NC: 2025:KHC:17032 CRL.P No. 4305 of 2025 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 KVR List No.: 1 Sl No.: 32