- 1 - HC-KAR NC: 2025:KHC:25015 CRL.P No. 8743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8743 OF 2025 BETWEEN: SRI HARISH @ COCAINE HARISH S/O SRI KRISHNA T AGED ABOUT 49 YEARS RESIDING AT NO.45 HONEYCOMB P.G 3RD CROSS, GANGAPPA BLOCK GANGANAGAR, R.T. NAGAR BENGALURU - 560 032. …PETITIONER (BY SRI DEENABANDHU RAI N, ADV.) AND: STATE OF KARNATAKA R.T. NAAGAR POLICE STATION BENGALURU - 560 032 NOW REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU, HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/1st ACCUSED ON BAIL IN CONNECTION WITH CR.NO.208/2016 OF R.T.NAGAR P.S., BENGALURU AND SC.NO.835/2021, FOR THE OFFENCES P/U/S 448,323,354,397 R/W 149 OF IPC, PENDING ON THE FILE OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25015 CRL.P No. 8743 of 2025 THE LEARNED LXXI ADDITIONAL CITY CIVIL AND SESSIONS JDUGE, BENGALURU CITY (CCH-72). 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.1 in SC No.835/2021 pending before the Court of LXXI Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.208/2016 registered by R. T. Nagar Police Station, Bengaluru, for the offences punishable under Sections 448, 323, 354, 395 and 149 of IPC, is before this Court under Section 483 of BNSS, 2023 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 bail in the present case at crime stage and subsequently, after case was committed to the jurisdictional Sessions Court, he was also granted bail in SC No.1137/2017. For the reason that he had not appeared before the Trial Court, a split-up case was registered against him and in the split-up case, his presence - 3 - HC-KAR NC: 2025:KHC:25015 CRL.P No. 8743 of 2025 was secured on 07.01.2025 and on the said day, he was remanded to judicial custody. Petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 5. A perusal of the material made available to the Court would go to show that petitioner, who is arraigned as accused No.1 in the present case was granted regular bail in crime stage. After filing of charge sheet, case was committed to the jurisdictional Sessions Court and numbered in SC No.1137/2017. The order sheet of the Trial Court in SC No.1137/2017 would go to show that accused No.1 was granted regular bail by the Trial Court in SC No.1137/2017. It appears that subsequently, petitioner had not appeared before the Trial Court in SC No.1137/2017 and therefore, case against him was split-up and numbered in SC No.835/2025. In the split-up case, petitioner's presence was secured on 07.01.2025 and on the said day, he was remanded to judicial custody. Be that as it may, the fact remains that on the merits of the case, - 4 - HC-KAR NC: 2025:KHC:25015 CRL.P No. 8743 of 2025 petitioner was earlier granted regular bail in the present case. Learned counsel for the petitioner has submitted that petitioner has no other criminal antecedents. 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. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.835/2021 pending before the Court of LXXI Addl. City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.208/2016 registered by R. T. Nagar Police Station, Bengaluru, for the offences punishable under Sections 448, 323, 354, 395 and 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 - 5 - HC-KAR NC: 2025:KHC:25015 CRL.P No. 8743 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