- 1 - HC-KAR NC: 2025:KHC:21351 CRL.P No. 7151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7151 OF 2025 BETWEEN: MADHU. S (A-2) S/O LATE SIDDARAJU AGED ABOUT 22 YEARS RESIDENT OF TYAGARAJ MOHALLA BANNURA TOWN T. NARASIPURA TALUK MYSURU DISTRICT -571 124. …PETITIONER (BY SRI SHARAS CHANDRA M., ADV.) AND: THE STATE OF KARNATAKA BY BANNUR PS MYSURU DISTRICT (REP BY SPP HIGH COURT PREMISES BENGALURU CITY -560 001). …RESPONDENT (BY SMT. ASMA KOUSER., ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.203/2025 OF BANNUR P.S OUT OF WHICH IN S.C NO.72/2020 OF BANNUR PS, MYSURU DISTRICT REGISTERED FOR O/P/U/S 450, 302, 201 R/W 34 OF IPC (AS PER CHARGE SHEET) PENDING ON THE FILE OF III ADDITIONAL SESSIONS JUDGE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21351 CRL.P No. 7151 of 2025 ORAL ORDER 1. Accused no.2 in S.C.No.72/2020 pending before the Court of III Addl. District & Sessions Judge, Mysuru, arising out of Crime No.203/2019 registered by Bannur Police Station, Mysuru District, for the offences punishable under Sections 450, 302, 201 read with 34 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 earlier granted regular bail by the coordinate bench of this Court in Crl.P.No.1689/2020 disposed of on 16.06.2020. For the reason that he had not appeared before the Trial Court, his presence was secured on 25.04.2022 and for the last three years, he is in custody. Accused no.1 who was arrested in the case has been granted regular bail by the Trial Court vide order dated 18.06.2025. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:21351 CRL.P No. 7151 of 2025 4. Per contra, learned Addl. SPP who has opposed the petition, does not seriously dispute the submissions made by the learned Counsel for the petitioner. 5. The material made available to the Court by the learned Counsel for the petitioner would go to show that the petitioner had earlier approached this Court in Crl.P.No.1689/2020 which was allowed by the coordinate bench of this Court by order dated 16.06.2020. It appears that subsequently petitioner had not appeared before the Trial Court on the regular dates of hearing, and therefore, coercive steps were taken against him and ultimately his presence was secured on 25.04.2022 and on the said dates he was remanded to judicial custody. Accused no.1 who was arrested in the present case has been now enlarged on bail by the Trial Court on 18.06.2025. 6. Be that as it may, the fact remains that on the merits of the case petitioner was earlier enlarged on bail in the present case. For the mistake committed by the petitioner, he has been sufficiently punished and is now in custody from 25.04.2022 onwards. Under the circumstances, I am of the opinion that - 4 - HC-KAR NC: 2025:KHC:21351 CRL.P No. 7151 of 2025 petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.72/2020 pending before the Court of III Addl. District & Sessions Judge, Mysuru, arising out of Crime No.203/2019 registered by Bannur Police Station, Mysuru District, for the offences punishable under Sections 450, 302, 201 read with 34 IPC, subject to the following conditions: a) Petitioner shall execute 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; 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; - 5 - HC-KAR NC: 2025:KHC:21351 CRL.P No. 7151 of 2025 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 KK