- 1 - HC-KAR NC: 2025:KHC:21562 CRL.P No. 6820 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6820 OF 2025 BETWEEN: SRI MOHAN NAYAK @ MOHAN S/O SHANKAR NAYAK AGED ABOUT 29 YEARS CHAKKAMALLENAHALLI CHOLASETTYHALLI CHIKKABALLAPURA - 561 209. …PETITIONER (BY SRI KUMAR DYAVAPATNA, ADV.) AND: STATE BY KONANAKUNTE P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP; V/C/O DT:20.06.2025 R-2 IS DELETED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE ACCUSED / PETITIONER ON BAIL IN CR.NO.83/2022, IN KONANAKUNTE P.S IN S.C.NO.45/2023 AT LIII ADDL.CITY CIVIL AND SESSIONS SPL.JUDGE AT BENGALURU AND HE MAY BE RELEASED ON BAIL FOR THE ALLEGED OFFENCES U/S 417, 376 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21562 CRL.P No. 6820 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in SC No.45/2023 pending before the Court of LIII Addl. City Civil and Sessions and Special Judge, Bengaluru, arising out Crime No.83/2022 registered by Konanakunte Police Station, Bengaluru City, for the offences punishable under Sections 417 and 376 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, who was arrested in the case earlier was granted regular bail by the Trial Court on 10.02.2023. For the reason that he has not appeared before the Trial Court, he has now been taken into custody on 11.04.2025. Petitioner is ready and willing to cooperate before the Trial Court for the purpose of speedy disposal of the case. Victim is already examined before the Trial Court as PW1. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:21562 CRL.P No. 6820 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. The material on record would go to show that petitioner was earlier arrested in the present case and was enlarged on bail by the Trial Court on 10.02.2023. It appears that subsequently he had not appeared before the Trial Court on regular dates of hearing and therefore, coercive steps were taken against him and his presence was secured on 11.04.2025 and on the said date, he was remanded to judicial custody. A perusal of the material on record would go to show that till date, three witnesses have been examined before the Trial Court. The victim girl is already examined before the Trial Court as PW1 and therefore, there cannot be any apprehension that the petitioner is likely to tamper with the material prosecution witnesses. Be that as it may, the fact remains that on the merits of the case, petitioner was granted bail in the present case by the Trial Court and only for the reason that he had not appeared before the Trial Court, his presence was secured and was remanded to judicial custody. For the mistake committed - 4 - HC-KAR NC: 2025:KHC:21562 CRL.P No. 6820 of 2025 by the petitioner by not appearing before the Trial Court, he has been substantially punished. Under the circumstances, 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 order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.45/2023 pending before the Court of LIII Addl. City Civil and Sessions and Special Judge, Bengaluru, arising out Crime No.83/2022 registered by Konanakunte Police Station, Bengaluru City, for the offences punishable under Sections 417 and 376 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; - 5 - HC-KAR NC: 2025:KHC:21562 CRL.P No. 6820 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 is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN