- 1 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5570 OF 2025 BETWEEN: SRI. ASLAM @ RAHEEM, S/O BABU, AGED ABOUT 38 YEARS, RESIDING AT CHUCHANAKATTE VILLAGE, K.R.NAGAR TALUK, MYSURU DISTRICT - 571 603. …PETITIONER (BY SRI. RAJANNA C., ADVOCATE) AND: STATE OF KARNATAKA, BY K.R.PETE TOWN POLICE STATION, MANDYA DISTRICT. REPRESENTED BY ITS P.P., HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 of 2025 CR.NO.273/2013 (C.C.NO.143/2014) OF K..R.PETE POLICE STATION, K.R.PETE TALUK, MANDYA DISTRICT TOWN FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 457 AND 380 OF IPC PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, K.R.PETE, MANDYA DISTRICT. 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 in C.C.No.143/2014 pending before the Court of Civil Judge and JMFC, K.R.Pete, Mandya District, arising out of Crime No.273/2013 registered by K.R.Pete police station, Mandya District for offences punishable under Sections 457 and 380 of IPC is before this Court under Section 483 of BNS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on merits of the case, the petitioner was earlier granted regular bail by the Court of Jurisdictional Magistrate. For - 3 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 of 2025 the reason that he had not appeared before the trial Court. Subsequently, coercive steps were taken against him and he was produced before the Court under body warrant on 01.02.2025 and remanded to judicial custody in the present case. Petitioner has been granted regular bail in the other case registered against him in Crime No.76/2014. Except the above said two cases, no other criminal case is registered against him. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Perusal of the material on record would go to show that in the present case, the petitioner who was arrested was released on regular bail by the jurisdictional Court of Magistrate vide order dated 28.04.2014. It appears that subsequently, the petitioner had not appeared before the Court and therefore, coercive steps were taken to secure his presence and ultimately he was - 4 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 of 2025 produced before the Court under body warrant in the present case on 01.02.2025 and remanded to judicial custody. 6. Learned counsel for the petitioner has submitted that since the petitioner was arrested in Crime No.76/2014 he had not appeared before the trial Court and he has subsequently produced under body warrant in the present case. Be that as it may, the fact remains on the merits of the case petitioner was earlier granted regular bail by the jurisdictional Court of Magistrate. Except the aforesaid two cases which were registered against the petitioner in the year 2013 and 2014 respectively, no other criminal case is registered against the petitioner. In the present case, he is now in custody from 01.02.2025. For the mistake committed by the petitioner he has been substantially punished. Under the circumstance, 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:- - 5 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.143/2014 pending before the Court of Civil Judge and JMFC, K.R.Pete, Mandya District, arising out of Crime No.273/2013 registered by K.R.Pete police station, Mandya District for offences punishable under Sections 457 and 380 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; - 6 - HC-KAR NC: 2025:KHC:19151 CRL.P No. 5570 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 rv List No.: 1 Sl No.: 52