- 1 - NC: 2025:KHC:15457 CRL.P No. 4729 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4729 OF 2025 BETWEEN: ABHI @ POTLE S/O KRISHNA AGED BOUT 25 YEARS R/O. ANEKERE BEEDI MANDYA CITY (ACCUSED NO89) PIN-571 401. …PETITIONER (BY SMT. LAVANYA M, ADV.) AND: STATE BY MANDYA RURAL POLICE.REP. BY SATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL CRIME NO.547/2019 FOR THE OFFICE PUNISHABLE UNDER SECTION 399 AND 402 OF IPC ON THE FILE OF JMFC COURT AT MANDYA. 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:15457 CRL.P No. 4729 of 2025 ORAL ORDER 1. Accused No.9 in CC No.100/2021 pending before the Court of JMFC, Mandya, arising out of Crime No.547/2019 registered by Mandya Rural Police Station, Mandya, for the offences punishable under Sections 399 and 402 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 petitioner has no other criminal antecedents. On the merits of the case, he was granted regular bail in the present case. For the reason that he had not appeared before the Committal Court regularly on the dates of hearing, he has been arrested and remanded to judicial custody. 4. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. A perusal of the material on record would go to show that on the merits of the case, petitioner was granted regular bail in - 3 - NC: 2025:KHC:15457 CRL.P No. 4729 of 2025 the present case. For the reason that he had not appeared before the Committal Court, coercive steps were taken against him and his presence was secured on 11.02.2025 and on the said day, he was remanded to judicial custody. It is not in dispute that petitioner has no other criminal antecedents. For the mistake committed by him by not appearing before the Committal Court on the regular dates of hearing, he has been sufficiently punished. 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 CC No.100/2021 pending before the Court of JMFC, Mandya, arising out of Crime No.547/2019 registered by Mandya Rural Police Station, Mandya, for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions: 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; - 4 - NC: 2025:KHC:15457 CRL.P No. 4729 of 2025 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