Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25310 CRL.P No. 8584 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8584 OF 2025 BETWEEN:
SRI NANDANA @ PSYCO ALIS NANDA KUMAR S/O BASAVARAJU AGED ABOUT 25 YEARS NO.221/A, 7TH CROSS 1ST MAIN MANJUANATH NAGARA SHIVANAHALLI, WOC ROAD BENGALURU - 560 010 PRESENTY R/AT NO.4/1 1ST MAIN ROAD, 6TH CROSS SWATANTRA NAGARA BENGALURU - 560 021. …PETITIONER (BY SRI ANIKETHANA. K.M, ADV.) AND:
THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001 THROUGH K P AGARHARA POLICE BENGALURU - 560 023. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25310 CRL.P No. 8584 of 2025
S.C.NO.40/2020 (IN CRIME NO.168/2018 REGISTERED BY THE K.P.AGRAHARA POLICE, BENGALURU-560023), ON THE FILE OF THE COURT OF THE LEARNED LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) FOR THE OFFENCES P/U/S 143, 147, 148, 341, 323, 307 R/W SECTION 149 OF IPC.
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 SC No.40/2020 pending before the Court of LXVI Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.168/2018 registered by Kempapura Agrahara Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 341, 323, 307 read with Section 149 of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2.
Learned counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted anticipatory bail in the present case. For the reason that he had not appeared before the Trial Court regularly on the dates of hearing, his presence was secured and he was remanded to
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HC-KAR NC: 2025:KHC:25310 CRL.P No. 8584 of 2025
judicial custody on 31.05.2025. Accordingly, he prays to allow the petition. 3. Per contra, learned Addl. SPP who has opposed the petition submits that petitioner has not co-operated before the Trial Court during the course of trial and therefore, trial in the case has been delayed. In the event, he is enlarged on bail, he is likely to flee away from justice. Accordingly, she prays to dismiss the petition. 4. Perusal of the material on record would go to show that allegation in the charge sheet of assaulting the injured victim with a weapon is as against accused No.1. Insofar as petitioner is concerned, allegation against him is that he had assaulted the injured victim with his hands. It is in this background, it appears that in this case anticipatory bail was granted to the petitioner by the jurisdictional Sessions Court in Crl.Misc.No.6770/2019. It appears that petitioner had not appeared before the Trial Court after the case was committed and therefore, the Trial Court has taken coercive steps against him and his presence was secured on 31.05.2025 and on the said date, he was remanded to judicial custody. Be that as it
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HC-KAR NC: 2025:KHC:25310 CRL.P No. 8584 of 2025
may, the fact remains that petitioner was earlier granted anticipatory bail in this case and for the mistake committed by him by not appearing before the Trial Court on the regular dates of hearing, 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:-
5. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.40/2020 pending before the Court of LXVI Addl.
City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.168/2018 registered by Kempapura Agrahara Police Station, Bengaluru City, for the offences punishable under Sections 143, 147, 148, 341, 323, 307 read with Section 149 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
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HC-KAR NC: 2025:KHC:25310 CRL.P No. 8584 of 2025
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