- 1 - NC: 2025:KHC:17029 CRL.P No. 4730 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. 4730 OF 2025 BETWEEN: M. GOPI @ THAMBI, S/O MUNISWAMY, AGED ABOUT 25 YEARS, R/AT 173/3, NEAR GANESHA TEMPLE, KATHRIGUPPEMAIN ROAD, BSK 3RD STAGE, BANGALORE - 560 042. (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. PRASANNA RAO R.,ADVOCATE) AND: STATE BY RAJARAJESHWARINAGAR P S, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS PRAYING TO RELEASE THE ACCUSED ON BAIL IN THE CRIME NO.104/2016 REGISTERED BY THE R R NAGAR P S FOR THE ALLEGED O/P/U/S 120B, 397 AND 302 R/W SEC 34 OF IPC 1860 PENDING BEFORE THE HONBLE COURT OF LXIX Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17029 CRL.P No. 4730 of 2025 ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH- 70) IN S.C NO.34/2025. 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.3 in SC.No.34/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.104/2016 registered by Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable under Sections 120(B), 397, 302 of IPC and read with Section 34 of IPC 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 except the present case petitioner has no other criminal case registered against him. In the present case on the merits of the case he was granted regular bail by this Court in Crl.P.No.1858/2017 which was disposed of on 27th April, 2017. For the reason that he had not appeared - 3 - NC: 2025:KHC:17029 CRL.P No. 4730 of 2025 before the trial Court a split-up case was registered against him and in the said proceedings, he was arrested and remanded to judicial custody on 19.02.2025. Petitioner undertakes to appear before the trial Court on regular dates of hearing. Accordingly, he prays to allow this petition. 4. Per contra, learned HCGP has opposed the petition. 5. Perusal of the material on record would go to show that petitioner was granted regular bail by this Court in Crl.P.No.1858/2017 which was disposed of on 27.04.2017. Thereafter, the accused persons were tried before the Jurisdictional Sessions Court in S.C.No.73/2017. It appears that petitioner had not appeared before the trial Court on the regular dates of hearing and therefore coercive steps were taken against him and a split-up case was registered against him in S.C.No.35/2025. In the said proceedings his presence was - 4 - NC: 2025:KHC:17029 CRL.P No. 4730 of 2025 secured on 19.02.2025 and on the said date he has been remanded to judicial custody. 6. It is not in dispute that petitioner has no other criminal antecedents. On the merits of the case petitioner who is a youngster has been granted regular bail by this Court in Crl.P.No.1858/2017 disposed of on 27.04.2017. For the mistake committed by the petitioner by not appearing before the trial Court, he has been substantially punished. It is brought to the notice of this Court that S.C.No.73/2017 is still pending. Petitioner has undertaken to cooperate before the trial Court and appear regularly on the dates of hearing. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - NC: 2025:KHC:17029 CRL.P No. 4730 of 2025 The petitioner is directed to be enlarged on bail in SC.No.34/2025 pending before the Court of LXIX Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.104/2016 registered by Rajarajeshwari Nagar Police Station, Bengaluru City, for offences punishable under Sections 120(B), 397, 302 of IPC and read with Section 34 of IPC, 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:17029 CRL.P No. 4730 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.: 39