- 1 - HC-KAR NC: 2025:KHC:18849 CRL.P No. 7510 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7510 OF 2025 BETWEEN: MR. NAVEEN @ NAMMI S/O SHANKAR AGED ABOUT 25 YEARS R/AT NEAR GANESH TEMPLE ANJANAPURA BANGALORE CITY BANGALORE - 560 108. …PETITIONER (BY SRI SAMPATH KUMAR D.S, ADV.) AND: THE STATE OF KARNATAKA BY ITS INSPECTOR, KUMARASWAMY LAYOUT, POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING AT BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGED THE ACCUSED NO.3 ON BAIL IN CR.NO.72/2018 (S.C.NO.1872/2019) WHICH IS REGISTERED BY THE KUMARASWAMY LAYOUT POLICE, FOR THE OFFENCE P/U/S 399 AND 402 AND THE SAID MATTER IS PENDING BEFORE IN THE COURT OF LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH- 67) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18849 CRL.P No. 7510 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 1. Accused no.3 in S.C.No.1872/2019 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.72/2018 registered by Kumaraswamy Layout Police Station, Bengaluru City, for the offences punishable under Sections 399 & 402 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 granted bail in Crl. Misc. No.2778/2018 by the jurisdictional Sessions Court. For the reason that he had not appeared before the Trial Court after the case was committed, coercive action was taken against him and he was arrested on 11.04.2025 and remanded to judicial custody. Petitioner has no criminal antecedents. All the other accused persons in the present case have been enlarged on bail. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC:18849 CRL.P No. 7510 of 2025 4. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submissions made by the learned Counsel for the petitioner. 5. The material on record would go to show that on the merits of the case, petitioner was earlier granted bail by the jurisdictional Sessions Court in Crl. Misc. No.2778/2018 disposed of on 17.04.2015. It appears that after committal of the case to the jurisdictional Sessions Court, petitioner has not appeared before the said court, and therefore, his presence was secured by the Trial Court on 11.04.2025 and on the said date, he was remanded to judicial custody. 6. Learned Counsel for the petitioner has submitted that petitioner has no criminal antecedents and his submission is not seriously disputed by the learned HCGP. 7. The alleged offences are not punishable with death or life imprisonment. It is brought to the notice of this Court that all the other accused persons in the present case have been enlarged on bail. Be that as it may, the fact remains that on the merits of the case, petitioner was earlier granted bail by the - 4 - HC-KAR NC: 2025:KHC:18849 CRL.P No. 7510 of 2025 jurisdictional sessions court. Only for the reason that he had not appeared before the Trial Court after the case was committed, he is now arrested and remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1872/2019 pending before the Court of LXVI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.72/2018 registered by Kumaraswamy Layout Police Station, Bengaluru City, for the offences punishable under Sections 399 & 402 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; - 5 - HC-KAR NC: 2025:KHC:18849 CRL.P No. 7510 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 KK