- 1 - NC: 2025:KHC:14005 CRL.P No. 95 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 95 OF 2025 BETWEEN: SARVAR PASHA, S/O SARDHAR PASHA, AGED 37 YEARS, R/AT 905, 10TH CROSS, VINOBHANAGAR, K.G. HALLI, BANGALORE - 560 045. …PETITIONER (BY SRI. MANJUNATH B.R, ADVOCATE) AND: STATE OF KARNATAKA BY K.G. HALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.17/2009 (NOW IN S.C.NO.868/2011) OF K.G.HALLI POLICE STATION REGISTERED FOR THE OFFENCE P/US/ 109, 120-B, 307 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14005 CRL.P No. 95 of 2025 LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CCH-62. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ``` ORAL ORDER Accused No.1 in Special Case No.868/2011 pending before the Court of LXI Additional City Civil & Sessions Judge, Bengaluru, arising out of Crime No.17/2009 registered by K.G.Halli Police Station, Bengaluru, for the offences punishable under Sections 109, 120-B, 307 read with Section 34 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits on the merits of the case, the petitioner was granted bail in the present case even before the charge sheet was filed. For the reason that the petitioner had not appeared before the trial Court on the regular dates of hearing, coercive - 3 - NC: 2025:KHC:14005 CRL.P No. 95 of 2025 steps were taken against him and his presence was secured by the Court on 27.11.2024 and ever since then, he is in custody. Petitioner is ready and willing to co-operate before the trial Court. Accordingly, he prayed to allow the petition. 4. Per contra, learned HCGP who has opposed the bail application submits that petitioner had not appeared before the trial court in spite of he being granted bail. Therefore, there is a delay in completing the trial and in the event he is enlarged on bail, it is difficult to secure his presence. 5. Perusal of the material on record would go to show that the petitioner was granted regular bail in the present case by the jurisdictional Sessions Court even prior to the filing of charge sheet. After the charge sheet was filed, the case was committed to the jurisdictional Sessions Court and it appears that petitioner was being tried before the trial Court in S.C.No.868/2011. For the reason that petitioner had not appeared before the trial Court on the - 4 - NC: 2025:KHC:14005 CRL.P No. 95 of 2025 regular dates of hearing, coercive action was taken against him to secure his presence and ultimately, his presence was secured before the trial Court on 27.11.2024 and on the said date, he was remanded to the judicial custody. For the mistake committed by the petitioner by not appearing before the trial Court on the regular dates of hearing, he has been punished sufficiently. The fact remains that on merits of the case petitioner has been already granted regular bail and he had undertaken to co-operate before the trial Court. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's request for grant of regular bail is required to be answered in the affirmative. 6. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.17/2009 registered by K.G.Halli Police Station, Bengaluru, for the offences punishable under Sections - 5 - NC: 2025:KHC:14005 CRL.P No. 95 of 2025 109, 120-B, 307 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; 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 YN List No.: 1 Sl No.: 31 CT: BHK