- 1 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13061 OF 2024 BETWEEN: ASHOKA S/O LATE CHENNEGOWDA AGED ABOUT 40 YEARS, R/O SOUNDARAHALLI VILLAGE, SHANTHIGRAMA HOBLI HASSAN TALUK AND DISTRICT PIN - 573 201. …PETITIONER (BY SRI. JAGRUTH.S., ADVOCATE FOR SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HASSAN EXTENSION POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENT (BY SRI.RANGASWAMY.R, HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 PETITIONER ON BAIL IN CRIME NO. 258/2015 (PENDING ON THE FILE OF THE LEARNED PRINCIPAL AND SESSIONS JUDGE AT HASSAN IN S.C.NO.156/2024) REGISTERED BY HASSAN EXTENSION POLICE STATION, HASSAN DISTRICT FOR THE ALLEGED OFFENCE P/US/ 143,147,148,341,504,307 R/W SEC.149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for respondent-State and perused the material on record. 2. This petition is preferred seeking to enlarge the petitioner on bail in SC.No.156/2024 pending on the file of Prl. District and Sessions Judge, Hassan, arising out of Crime No.258/2015 registered at Hassan Extension Police Station, Hassan. 3. The above FIR was registered against three named and two unknown person. Complaint was lodged by - 3 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 one Praveena son of Rangaswamy for offences punishable under Sections 143, 147, 148, 341, 504 and 307 r/w Section 149 of IPC. 4. It is alleged that on 25.11.2015 at 7:00 pm near KIDB Circle, Doddabasavanahalli Road, Hassan, all the accused assaulted the first informant with deadly weapons like chopper, long, rod and bike chain, with an intention to commit his murder. 5. As the petitioner remained absent, case against him was split up and numbered as CC.No.2850/2017. He came to be arrested in the year 2024. Thereafter, the case was committed to the Court of Sessions on 05.08.2024. 6. Learned Sessions Judge has rejected the bail petition of the petitioner, on the ground that, he has been absconding and he was secured after a lapse of eight years and further, he is involved in sever other criminal cases. - 4 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 7. Learned HCGP has contended that the petitioner is a habitual offender and if he is enlarged on bail, he will commit similar offences. 8. The name of the petitioner is not in the first information report. It is argued by the learned counsel that the petitioner was unaware of the case registered against him. The trial held against other accused persons has been ended in acquittal. He has furnished a copy of the judgment passed in SC.No.163/2017 dated 03.09.2021. He further contended that the petitioner has been falsely implicated in other cases and he is released on bail in all those cases. He further submitted that the petitioner is ready and willing to abide by any condition and he will also furnish solvent surety to ensure his regular presence before the trial Court. 9. Accused Nos.1 to 4 have been acquitted by the Sessions Court in SC.No.163/2017 dated 03.09.2021, holding that there is absolutely no evidence to prove the guilt of the accused persons. It is seen that the injured - 5 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 complainant died during the pendency of trial and eye witnesses did not support the prosecution case. 10. In the above facts and circumstances, one opportunity may be given to the petitioner. Accordingly, following ORDER Petition is allowed. Petitioner/accused in SC.No.156/2024 on the file of the Prl. District and Sessions Judge, Hassan, (Crime No.258/2015 of Hassan Extension Police Station, Hassan), shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which, one shall be a solvent surety, to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 6 - NC: 2025:KHC:3719 CRL.P No. 13061 of 2024 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE PB List No.: 1 Sl No.: 24