- 1 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 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. 7517 OF 2025 BETWEEN: PARTHIBAN K S/O KODANDARAMA AGED ABOUT 28 YEARS RESIDING AT, NO.13/2, D CROSS MINARVA MILL BEHIND HOUSES MAGADI ROAD, BENGALURU NORTH, BENGALURU - 560 023. …PETITIONER (BY SRI HARISH PRABHU S, ADV.) AND: 1. STATE OF KARNATAKA BY MAGADI ROAD P.S REPRESENTED ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1; SRI PRAKASH R, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.40793/2024 (CR.NO.93/2024) REGISTERED BY ANNAPOORNESHWARI NAGAR P.S., BENGALURU FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 of 2025 OFFENCE P/U/S 493,34,376,420,417 OF IPC PENDING BEFORE THE HONBLE XXIV ADDL.C.M.M COURT AT BENGALURU. 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. Petitioner is before this Court with a prayer to enlarge him on bail in CC No.40793/2024 pending before the Court of XXIV Addl. CMM Court, Bengaluru, arising out of Crime No.93/2024 registered by Magadi Road Police Station, Bengaluru City, for the offences punishable under Sections 493, 376, 420, 417 and 34 of IPC. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.93/2024 was registered by Magadi Road Police Station, Bengaluru City, for the offences punishable under Sections 376, 417, 420, 493, 502, 34 of IPC, based on the first information dated 04.04.2024 received from respondent No.2, who is the victim in the present case. In the said case, petitioner was granted regular bail in Crl.Misc.No.4197/2024 on 21.05.2024. Seeking cancellation of the said bail, an application under Section 439 (2) of Cr.P.C. - 3 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 of 2025 was filed by the State before the jurisdictional Sessions Court in Crl.Misc.No.4197/2024 and the said application was allowed on 07.04.2025 and the bail granted to the petitioner earlier by order dated 21.05.2024 was cancelled. It is under these circumstances, the petitioner is before this Court. 4. Perusal of the order passed by the jurisdictional Sessions Court on the application filed by the State under Section 439(2) of Cr.P.C. would go to show that petitioner was not heard in the matter before the bail granted to him by the jurisdictional Sessions Court by order dated 21.05.2024 was cancelled. Learned counsel for the petitioner has submitted that there was some communication gap between the petitioner and his advocate after notice on the application filed by the State under Section 439(2) of Cr.P.C. was served on the petitioner and it is under the said circumstances, he could not appear before the jurisdictional Sessions Court and contest the application filed by the State seeking cancellation of bail. Such an averment is also found in the memorandum of petition filed by the petitioner. Since liberty of the petitioner is affected by order of cancellation of the bail, the learned Sessions Judge ought not to - 4 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 of 2025 have proceeded to consider the application for cancellation of bail filed by the State without securing the presence of the petitioner, who was granted bail by the very same Court. The material on record would go to show that no such attempts were made by the learned Sessions Judge and straight away the learned Sessions Judge had proceeded to hear the application filed by the State seeking cancellation of bail and cancelled the bail on the ground that the petitioner had violated the bail conditions. Since bail granted to the petitioner is cancelled in view of the supervening circumstances that had allegedly occurred after he was released on bail, he was required to be given an opportunity of being heard before cancelling the bail granted to him. Under the circumstances, the order dated 07.04.2025 passed on the application filed under Section 439 (2) of Cr.P.C. in Crl.Misc.No.4197/2024 cannot be sustained. Accordingly, the following order:- 5. The petition is allowed. The order dated 07.04.2025 passed by the LIII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, in Crl.Misc.No.4197/2024 is set-aside and the matter is remitted to the Court of LIII Addl. City Civil - 5 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 of 2025 and Sessions Judge and Special Judge, Bengaluru, to consider the application filed by the State under Section 439(2) of Cr.P.C. afresh, after giving an opportunity of hearing to all the parties. 6. Since, the petitioner is now taken to judicial custody after his bail was cancelled, the petitioner is directed to be enlarged on bail in CC No.40793/2024 pending before the Court of XXIV Addl. CMM Court, Bengaluru, arising out of Crime No.93/2024 registered by Magadi Road Police Station, Bengaluru City, for the offences punishable under Sections 493, 376, 420, 417 and 34 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; - 6 - HC-KAR NC: 2025:KHC:23669 CRL.P No. 7517 of 2025 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. 7. The parties are directed to appear before the Court of LIII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, on 14.07.2025. 8. Learned Sessions Judge is directed to consider the application filed by the State under Section 439(2) of Cr.P.C. and dispose of the same on merits after giving an opportunity of hearing to all the parties within a period of three weeks from the date of appearance of the parties before the learned Sessions Judge. Sd/- (S VISHWAJITH SHETTY) JUDGE DN