Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12511 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN:
SRI RAVI @ S RAVI CHANDARAN S/O. SRI SELVARAJ, AGED ABOUT 59 YEARS, R/AT NO.106, 29TH CROSS, KORAMANGALA, BANGALORE SOUTH, BANGALORE - 560 034. …PETITIONER (BY SRI. RADHIKA M., ADVOCATE) AND:
STATE OF KARNATAKA BY ADUGODI POLICE STATION BANGALORE 560030 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE 560001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.233/2017 (CRIME NO.133/2004) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 427, 332, 436, 307 READ WITH 149 OF IPC BEFORE THE LEARNED LVI ADDITIONAL CITY CIVIL
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
AND SESSIONS JUDGE, (CCH-57) AT BENGALURU OF ADUGODI POLICE STATION, BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by accused No.20 under Section 439 of Code of Criminal Procedure praying to grant bail in S.C.No.233/2007 (Crime No.133/2004 of Adugodi Police Station) registered for offences punishable under Sections 143, 144, 147, 148, 427, 332, 436, 307 read with Section 149 of Indian Penal Code, pending on the file of LVI Additional City Civil and Sessions Judge, Bengaluru.
2. Heard the Learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
3.
Learned counsel for petitioner would contend that, the petitioner has been granted bail by order dated 20.05.2004 passed in Criminal Miscellaneous
- 3 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
No.1154/2004 in Crime No.133/2004. Subsequently, the case against the petitioner has been committed to the Sessions Court by order dated 01.06.2005. On the date of the order of Committal, the petitioner was absent and Exemption Petition was filed for him and it was allowed. In the absence of the petitioner, the case has been committed to the Sessions Court and his counsel was intimated that the petitioner has to appear before the Sessions Court after receipt of summons. The petitioner has not received any summons thereafter. The petitioner came to be arrested on 17.04.2025 by executing the NBW issued against him. The learned counsel for petitioner who appeared before the Committal Court has intimated the petitioner that, the case against him is closed. Therefore, the petitioner has not enquired regarding his case. After arrest of the petitioner herein, even the trial Court has not framed charge. The petitioner is in judicial custody since last six (6) months. The petitioner is ready to appear before the Sessions Court on all dates of hearing and
- 4 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
abide by any terms and conditions to be imposed by this Court. On these grounds, she prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, a case has been registered against the petitioner in the year 2004. The petitioner who has been granted bail has not chosen to enquire with regard to his case. There is another case registered against the petitioner in Crime No.35/2004. The petitioner remained absconded for two decades and due to that, a case registered against him was kept pending. If the petitioner is now granted bail, again he will not appear in the Sessions case and it will hamper for disposal of the case. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record including the records secured from the Trial Court in S.C.No.504/2005, S.C.No.715/2006 and S.C.No.233/2007. - 5 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
6.
The petitioner has been granted bail in Crime No.133/2004 of Adugodi Police Station registered for offences punishable under Sections 143, 144, 147, 148, 427, 332, 436, 307 read with Section 149 of IPC by order dated 20.05.2004 passed in Criminal Miscellaneous No.1154/2004. Thereafter, the Committal Court has passed an order on 01.06.2005 committing the case to the Sessions Court. On the date of passing the order of Committal i.e., 01.06.2005, the petitioner was absent and exemption petition was filed and it was allowed. The
learned counsel for petitioner was present on the date of said order and he submitted no objection for Committal and he was directed to intimate the petitioner to appear before the Sessions Court after receipt of the summons. The records secured does not indicate that, any summons has been served by the Sessions Court on the petitioner. Initially, a case came to be registered against the petitioner in S.C.No.504/2005. Thereafter, case against the petitioner came to be split up and registered in
- 6 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
S.C.No.715/2006 on 03.10.2006. Thereafter, again a case came to be split up against this petitioner/accused No.20 and accused No.24 and registered in S.C.No.233/2007. In the said case, the evidence has been recorded under Section 299 of Code of Criminal Procedure and the matter has been transferred to LPR (Long Pending Register). The petitioner has been secured by executing NBW on 17.04.2025 and he has been remanded to judicial custody. S.C.No.233/2007 is pending against accused No.20 and accused No.24. Accused No.20 is the petitioner herein. Accused No.24 is still absconding in the said case. Even though, this petitioner/accused No.20 is in judicial custody since 17.04.2025, the trial Court has not framed charge against him. The trial Court ought to have split up the case against accused No.24 who is not appearing in the said case and proceeded to frame charge against this petitioner/accused No.20 and ought to have proceeded with a trial. The trial Court has adjourned the case from time to time for framing charge. The petitioner has now
- 7 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
undertaken to appear before the Sessions Court and abide by any terms and conditions to be imposed by this Court.
7. Considering all the above aspects, the petitioner has made out grounds for grant of bail with conditions. In the result, the following;
ORDER This Criminal Petition is allowed. The petitioner/accused No.20 is granted bail in S.C.No.233/2007 (Crime No.133/2004 of Adugodi Police Station) pending on the file of LVI Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
- 8 -
HC-KAR NC: 2025:KHC:44384 CRL.P No. 12511 of 2025
ii) The petitioner shall appear before the trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case.
Registry is directed to return the records to the trial Court.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 2