- 1 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6605 OF 2025 BETWEEN: SRI JAYANNA @ JAYARAMA S/O GANGAIAH AGED ABOUT 35 YEARS R/AT MURANDI, HOSAHALLI VILLAGE, ARASIKERE TALUK HASSAN DISTRICT - 573 135 (NAME AND ADDRESS AS PER THE CHARGE SHEET) (NAME AND ADDRESS AS PER AADHAR CARD) SRI. RAMANNA GANGAPPA BHAVIMANI S/O GANGAPPA, AGED ABOUT 72 YEARS BUDARSINGI VILLAGE, ADARGUNCHI POST HUBLI THALUK, DHARWAD DIST - 580 026. …PETITIONER (BY SRI ABHISHEK HUDDAR, ADV.) AND: STATE OF KARNATAKA BY SAKHARAYAPATNA POLICE STATION, REPRESENTED BY S.P.P OFFICE, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.23/1989 REGISTERED AS S.C.NO.19/2025, BY SAKHARAYAPATNA POLICE STATION, FOR OFFENCE P/U/S 395 OF IPC, 1860, PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU, WITH OR WITHOUT CONDITIONS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 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.1 in S.C.No.19/2025 pending before the Court of Principal District and Sessions Judge, Chikkamagaluru District, arising out of Crime No.23/1989 registered by Sakharayapatna Police Station, Chikkamagaluru District for offence punishable under Section 395 of IPC is before this Court under Section 439 of IPC seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.23/1989 was registered by Sakharayapatna Police Station, Chikkamagaluru District against six persons and during the course of investigation, some of the accused were arrested and after completing investigation charge sheet is filed against four persons. The petitioner is arraigned as accused No.1 in the charge sheet. Since he was absconding case against him was split up and the case against arrested accused namely accused - 3 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 2025 Nos.2 and 3 was committed to the jurisdiction Court and were tried in S.C.No.6/1990 in the split up case. Coercive steps have taken as against accused and ultimately his presence was secured on 01.02.2025 and on the said date, he was remanded to judicial custody. Thereafter, case against him has been committed to the jurisdictional Sessions Court, which is now pending in S.C.No.19/2025. Bail application filed by the petitioner in S.C.No.19/2025 before the Jurisdictional Sessions Court was rejected on 03.03.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner was not at all aware of the present criminal case registered against him. The petitioner, aged about 72 years has been arrested on 07.02.2025 and ever since he is in custody. Accused Nos.2 and 3, who were tried in S.C.No.6/1990 have been acquitted and the said judgment and order of acquittal has attained finality. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 2025 5. Per contra, learned HCGP has opposed the petition on the ground that the petitioner has been absconding for the last more than thirty years and in the event he is enlarged on bail it would be difficult to secure his presence. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that, FIR in the present case was initially registered against unknown persons and after completing investigation charge sheet has been filed against four persons. The case against the petitioner was split up since he was absconding and the case was committed insofar as it relates to accused Nos.2 and 3 are concerned. Accused Nos.2 and 3 who were tried for charge sheeted offences before the committal Court in S.C.No.6/1990 were acquitted by the judgment and order dated 08.11.1993. Undisputedly, the said judgment and order has attained finality. The petitioner aged about 72 years is in custody in the split up case from 07.02.2025 onward. He has - 5 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 2025 undertaken to cooperate with the Trial Court for the purpose of expeditious disposal of the case pending against him. 7. 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. 8. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.19/2025 pending before the Court of Principal District and Sessions Judge, Chikkamagaluru District, arising out of Crime No.23/1989 registered by Sakharayapatna Police Station, Chikkamagaluru District for offence punishable under Section 395 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 6 - HC-KAR NC: 2025:KHC:19330 CRL.P No. 6605 of 2025 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; 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 NMS