- 1 - NC: 2025:KHC:17439 CRL.P No. 4841 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4841 OF 2025 BETWEEN: MR. S VINOD @ VINODA S/O. SUBRAMANI S AGED ABOUT 30 YEARS RESIDING AT 12TH CROSS, NEAR VENKATARAMAN OFFICE, VIRAPANDI VILLAGE, THIRUKOILUR TALUK, THIRUVANNAMALAI, TAMILNADU STATE - 606 601. PERMANENT RESIDENT OF 7TH CROSS, CHANNEL AREA, RAVINDRA NAGARA, VTC, SHIMOGA - 577 201 …PETITIONER (BY SRI. VASANTH V. FERNANDER FOR SRI. BHAKTAVACHALA, ADVOCATE) AND: STATE OF KARANTAKA BY BANNGERGHATTA P.S. REPRESENTED BY LD. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 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 ENLARGE THE PETITIONER ON BAIL IN S.C. NO. 150/2020 OF BANNERGHATTA P.S FOR OFFENCES P/U/S 392, 376D, R/W 34 OF INDIAN PENAL CODE, 1872, PENDING ON THE FILE OF Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17439 CRL.P No. 4841 of 2025 THE HONBLE VI ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS CRL.P, 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.150/2020 pending before the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.208/2016 registered by Bannerghatta Police Station, Bengaluru for offences punishable under Sections 392, 376D read with Section 34 of the Indian Penal Code (for short, '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 that on the merits of the case, petitioner was granted regular bail by this Court in Crl.P.No.4133/2018. For the reason that he had not appeared before the Trial Court on the regular dates of hearing, he was arrested and remanded to judicial custody on 22.04.2024. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 3 - NC: 2025:KHC:17439 CRL.P No. 4841 of 2025 4. Per contra, learned High Court Government Pleader has opposed the petition on the ground that, petitioner has not cooperated before the Trial Court and therefore, his presence was secured and he is now remanded to judicial custody. In the event he is enlarged on bail he is likely to flee away from justice. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that petitioner who is arrayed as accused No.3 in the charge sheet was arrested in the present case and he was granted regular bail by this Court in Crl.P.No.4133/2018 which was disposed of on 01.08.2018. It appears that subsequently, petitioner had absented himself before the Trial Court, and therefore, split up case was registered against him in S.C.No.150/2020 and coercive steps were taken as against him in the split up case. Petitioner's presence was secured before the Trial Court in S.C.No.150/2020 on 22.04.2024 and on the said day, he was remanded to judicial custody. Be that as it may, on the merits of the case, petitioner was granted regular bail by this Court in Crl.P.No.4133/2018. For the mistake committed by the petitioner by not appearing before the Trial Court on regular dates of hearing, he has been sufficiently - 4 - NC: 2025:KHC:17439 CRL.P No. 4841 of 2025 punished. Undisputedly, petitioner has no other criminal antecedents. He has undertaken to cooperate before the Trial Court for early dispose of the case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.208/2016 registered by Bannerghatta Police Station, Bengaluru for offences punishable under Sections 392, 376D read with Section 34 of IPC, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each (of which, one should be local surety) 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; - 5 - NC: 2025:KHC:17439 CRL.P No. 4841 of 2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 49