Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13890 CRL.P No. 4096 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. 4096 OF 2025 BETWEEN:
ANAND @ SETU S/O VENKATESH AGED ABOUT 25 YEARS R/AT 101, 27TH CROSS OLD BAGALURU LAYOUT K.G.HALLI, BENGALURU. …PETITIONER (BY MS. SWATHI R. BHAT, ADV., SMT. JAYANTHI R, ADV.) AND:
STATE OF KARNATAKA BY K.G.HALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING BEFORE THIS HONBLE COURT THAT THE ABOVE NAMED PETITIONER WHO IS ARRAYED AS ACCUSED NO.2 MAY KINDLY BE RELEASED ON BAIL IN CR.NO.84/2020 (SC.NO.857/2023), PENDING BEFORE THE HONBLE COURT XIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL (CCH-22), PERTAINING TO THE K.G.HALLI POLICE, FOR THE OFFENCE P/U/S 399,402 OF IPC.
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
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NC: 2025:KHC:13890 CRL.P No. 4096 of 2025
ORAL ORDER
Accused No.2 in S.C.No.857/2023 pending before the Court of XIII Addl. City Civil and Sessions Judge, Mayohall, Bengaluru, arising out of Crime No.84/2020 registered by Kadugondanahalli Police Station, Bengaluru City for the offences punishable under Sections 399 & 402 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3.
Learned counsel for the petitioner submits that on the merits of the case, the petitioner was earlier granted bail by the jurisdictional Sessions Court. For the reason that he has not appeared before the Trial Court on regular dates of hearing coercive steps were taken against him by the Trial Court and his presence was secured on 23.07.2024 and ever since then he is in custody. The Trial in the case is not yet commenced.
4. Per contra, learned HCGP has opposed the bail petition.
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NC: 2025:KHC:13890 CRL.P No. 4096 of 2025
5. Perusal of the material on record would go to show that, the petitioner who was earlier arrested in the present case on 10.03.2023 was granted regular bail. It appears that subsequently the petitioner had not appeared before the Trial Court and therefore coercive steps were taken to secure his presence and ultimately his presence was secured on 23.07.2024 and on the said date he was remanded to judicial custody. Undisputedly, the petitioner has no other criminal antecedents and he is in custody for the last more than six months. For the mistake committed by the petitioner he has been sufficiently punished. He has undertaken to cooperate before the Trial Court in future. 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.
6. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in S.C.No.857/2023 pending before the Court of XIII Addl.
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NC: 2025:KHC:13890 CRL.P No. 4096 of 2025
City Civil and Sessions Judge, Mayohall, Bengaluru, arising out of Crime No.84/2020 registered by Kadugondanahalli Police Station, Bengaluru City, 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