- 1 - NC: 2025:KHC:15779 CRL.P No. 4712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4712 OF 2025 BETWEEN: GANESH K @ GANI S/O LATE MUNI KRISHNA AGED ABOUT 28 YEARS RESIDING AT N 336/30 13TH CROSS, NETHAJI SUBHASH CHANDRA BOSE SLUM SAMPIGE ROAD, BENGALURU NORTH BENGALURU - 560 003. …PETITIONER (BY SRI KULKARNI ABDULRASHEED SIKANDER SAB, ADV.) AND: STATE OF KARNATAKA BY SANJAYNAGAR POLICE STATION BENGALURU - 560 094 REAPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN SANJAYNAGAR P.S., IN CR.NO.94/2021 (SECCSIONS CASE NO.269/2025), FOR THE OFFENCES P/U/S 341,323,324,504,307 R/W 149 OF IPC, ON THE FILE OF THE LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67). 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:15779 CRL.P No. 4712 of 2025 ORAL ORDER 1. Accused No.5 in SC No.269/2025 pending before the Court of LXVI Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.94/2021 registered by Sanjay Nagar Police Station, Bengaluru, for the offences punishable under Sections 341, 323, 324, 504, 307 read with Section 149 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 on the merits of the case, petitioner was earlier granted regular bail in the present case in Crl.Misc.No.4899/2021 disposed of on 22.06.2021. For the reason that petitioner had not appeared before the Committal Court on the regular dates of hearing, coercive steps were taken against him and his presence was secured on 14.02.2025 and ever since then, he is in custody. He has no criminal antecedents. Accordingly, he prays to allow the petition. - 3 - NC: 2025:KHC:15779 CRL.P No. 4712 of 2025 4. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. Petitioner is arraigned as accused No.5 in the charge sheet, which is filed for the aforesaid offences totally against five persons. Material on record would go to show that petitioner, who was arrested in the present case was subsequently, enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.4899/2021 which was disposed of on 22.06.2021. For the reason that petitioner had not appeared before the Committal Court, case against him was split-up and coercive steps were taken against him. In the split up case, his presence was secured on 14.02.2025 and on the said date, he was remanded to judicial custody. The case insofar as other accused persons are concerned, after committal, is pending before the Trial Court in SC No.74/2025. Petitioner's case is also committed and is now pending before the Trial Court in S.C.No.269/2025. Undisputedly, he has no other criminal antecedents and on the merits of the case, he was granted regular bail in the present case. For the mistake committed by him, he has been sufficiently punished. He has been in custody - 4 - NC: 2025:KHC:15779 CRL.P No. 4712 of 2025 for the last more than two months. Considering the above, I am of the opinion that his prayer for 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 SC No.269/2025 pending before the Court of LXVI Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.94/2021 registered by Sanjay Nagar Police Station, Bengaluru, for the offences punishable under Sections 341, 323, 324, 504, 307 read with Section 149 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; 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; - 5 - NC: 2025:KHC:15779 CRL.P No. 4712 of 2025 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