- 1 - HC-KAR NC: 2025:KHC:23668 CRL.P No. 7352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7352 OF 2025 BETWEEN: NAGARAJA @ NAGA @MOOGA S/O LATE VENKTESHAPPA AGED ABOUT 37 YEARS R/O NO. 149, 2ND CROSS NEAR SHANIMAHATMA TEMPLE IBLURU, SARJAPURA ROAD BANGALORE - 560 125 (ACCUSED NO.2 IN JUDICIAL CUSTODY) …PETITIONER (BY MISS. TEJASWINI, ADV., FOR SMT. SUDHA G, ADV.) AND: 1. STATE OF KARNATAKA BY SHO, HOSKOTE P.S BANGALORE RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. NAGAMMA W/O JAYADEVA RESIDENT OF OROHALLI VILLAGE JADIGENAHALLI HOBLI HOSKOTE TALUK - 562114 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23668 CRL.P No. 7352 of 2025 BANGALORE DISTRICT BENGALURU …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 081/2014 AND SC.NO.158/2022 (ORIGINAL SC.NO.242/2019) FOR ALLEGED OFFENCES U/S 395 OF IPC REGISTERED BY THE RESPONDENT/HOSKOTE PS, BANGALORE, NOW PENDING ON THE FILE OF HONBLE FTSC-, ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in SC No.158/2022 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.81/2014 registered by Hosakote Police Station, Bengaluru, for the offence punishable under Section 395 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 initially petitioner was enlarged on bail on the merits of the case and - 3 - HC-KAR NC: 2025:KHC:23668 CRL.P No. 7352 of 2025 thereafter, for the reason that he had not appeared before the Trial Court, a split-up case was registered against him and his presence in the said case was secured on 07.04.2025 and ever since then, he is in custody. She submits that petitioner is ready and willing to cooperate before the Trial Court and only for the reason that he was in custody in another case, he could not regularly appear before the Trial Court. Accordingly, she prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that in the event, petitioner is enlarged on bail, he is likely to flee away from justice and his conduct disentitles him of any relief. Accordingly, she prays to dismiss the petition. 5. The material on record would go to show that FIR in the present case was registered against unknown persons. During the course of investigation, petitioner herein was arrested in the present case and subsequently, enlarged on bail. After the case was committed to the jurisdictional Sessions Court, the same was numbered as SC No.242/2019 and it appears that petitioner had absented himself on the regular dates of hearing before the Trial Court and therefore, a split-up case in SC - 4 - HC-KAR NC: 2025:KHC:23668 CRL.P No. 7352 of 2025 No.158/2022 was registered against him and in the said case, he was produced under body warrant from 09.11.2022 till 15.06.2023 because he was in judicial custody in SC No.1294/2019. It appears that subsequently, he was granted bail in SC No.1294/2019 and thereafter, since he had not appeared before the Trial Court, his presence was secured on 07.02.2025 and on the same day, he was remanded to judicial custody. Be that as it may, the fact remains that petitioner was earlier granted regular bail in the present case. The case against other accused persons is still pending in SC No.242/2019. For the mistake committed by the petitioner by not appearing before the Trial Court, he has been substantially punished. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.158/2022 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.81/2014 registered - 5 - HC-KAR NC: 2025:KHC:23668 CRL.P No. 7352 of 2025 by Hosakote Police Station, Bengaluru, for the offence punishable under Section 395 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; 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