- 1 - NC: 2025:KHC:17443 CRL.P No. 5113 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. 5113 OF 2025 BETWEEN: 1. SONUKUMAR S/O REHAMAN PRASAD AGED ABOUT 30 YEARS, R/AT AGARA VILLAGE PRAGNA LAYOUT UTTARAHALLI HOBLI BENGALURU - 560 022 2. NAGENDRA SHA S/O HARISHANKAR SHA AGED ABOUT 28 YEARS, R/AT AGARA VILLAGE PRAGNA LAYOUT UTTARAHALLI HOBLI BENGALURU - 560 022 …PETITIONERS (BY SRI. MANJUNATH M.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY KAGGALIPURA POLICE STATION BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.SPP) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17443 CRL.P No. 5113 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS AN BAIL IN S.C.NO.133/2020 ITS CR.NO.131/2020 OF KAGGALIPURA STATION POLICE, BENGALURU FOR AN OFFENCE P/U/S 143, 302. 149, WHICH IS PENDING BEFORE I ADDL. DIST. AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BENGALURU THAT FOR THE REASONS STATED ABOVE. 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 Nos.3 and 4 in S.C.No.133/2020 pending before the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.131/2020 registered by Kaggalipura Police Station, Ramanagara, for offences punishable under Sections 143, 302, 149 of the Indian Penal Code (for short, 'IPC') are 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 petitioners submits that on the merits of the case, petitioners were granted regular bail in the present case by this Court in Crl.P.No.8104/2020. Thereafter, they have appeared before the Trial Court for a considerable period of more than three years. For the reason - 3 - NC: 2025:KHC:17443 CRL.P No. 5113 of 2025 that they have absented themselves on the regular dates before the Trial Court, coercive steps were taken against them and their presence was secured and they are now remanded to judicial custody. Petitioners have no criminal antecedents and they undertake to cooperate before the Trial Court. 4. Per contra, learned Additional SPP who has opposed the petition submits that, petitioners hail from Bihar state and in the even they are enlarged on bail, it would be difficult to secure their presence. Accordingly, she prays to dismiss the petition. 5. Material on record would go to show that petitioners herein who are arrayed as accused Nos. 3 and 4 were arrested in the present case and subsequently, they were granted bail by this Court in Crl.P.No.8104/2020. It appears that, thereafter the petitioners had appeared before the Trial Court for a considerable period of three years. Accused No.3 had appeared before the Trial Court till 06.12.2023 and accused No.4 had appeared before the Trial Court till 06.08.2024. For the reason they had not appeared before the Trial Court, coercive steps were taken and their presence was - 4 - NC: 2025:KHC:17443 CRL.P No. 5113 of 2025 secured before the Trial Court on 17.02.2025 and on the said day, they have been remanded to judicial custody. Be that as it may, on the merits of the case, petitioners were earlier granted bail by this Court in Crl.P.No.8104/2020 and thereafter, for a considerable period of time, they have appeared before the Trial Court. For the mistake committed by the petitioners by not appearing before the Trial Court on regular dates of hearing, they have been sufficiently punished. Undisputedly, petitioners have no other criminal antecedents. Apprehension expressed by learned Additional SPP can be taken care of by imposing appropriate conditions against the petitioners. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.131/2020 registered by Kaggalipura Police Station, - 5 - NC: 2025:KHC:17443 CRL.P No. 5113 of 2025 Ramanagara, for offences punishable under Sections 143, 302, 149 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, atleast one shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV