- 1 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11531 OF 2025 BETWEEN: PRADEEP @ CHIRANJEEVI S/O DARMPALA GOWDA, AGE ABOUT 36 YEARS, RESIDING AT NO.171, 5TH CROSS, NEAR MARIYAMMA TEMPLE, BANASHANKARI 2ND STAGE, BENGALURU - 560050. …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: THE STATE OF KARNATAKA BY KYATHASANDRA POLICE STATION, TUMAKURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.20/2020 (ARISING OUT OF CRIME NO.363/2011) OF KYATHASANDRA P.S., FOR THE ALLEGED OFFENCES P/U/S.395 OF IPC, PENDING ON THE FILE OF THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent and perused the material of the record. 2. Petitioner is accused of committing an offence punishable under Section 395 of Indian Penal Code along with the other accused persons. 3. The F.I.R is registered on the basis of a complaint lodged by Manjunatha S/o Sathyanarayana in Crime No.363/2011 of Kyathsandra Police Station against seven unknown persons. 4. Petitioner was taken under body warrant on 06.01.2020. He was granted bail by this Court in Crl.P.No.3217/2020 vide order dated 27.08.2020. Charge sheet came to be filed against accused Nos.1 to 9, showing accused Nos.4 to 9 as absconding. Petitioner is - 3 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 arraigned as accused No.6. After release of petitioner on bail, as he failed to appear before the Trial Court, NBW and proclamation were issued. It is submitted that the petitioner voluntarily surrendered before the Court on 17.06.2025. He has been remanded to judicial custody. 5. The learned Sessions Judge vide order dated 14.07.2025 passed in Crl.Misc.No.1011/2025 has rejected his prayer for bail, observing that he has remained absent which has hampered the sessions proceedings and now, the Sessions case is posted for evidence and therefore, at this stage, if the petitioner is released on bail, he would flee away from justice. 6. Learned counsel for the petitioner submits that after the petitioner was released on bail by this Court, no summons were issued to him though, he has been residing in the very same address which is now furnished in the cause title. He submits that due to SOP which was operating in view of COVID-19 pandemic, the Courts were not functioning. He submits that once the petitioner was - 4 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 made known about the case pending against him, he has voluntarily surrendered before the Trial Court. He submits that henceforth, petitioner will regularly appear before the Trial Court. 7. It is not in dispute that the petitioner was granted bail by this Court in Crl.P.No.3217/2020. Several conditions were imposed, including that he shall be regular in attending the trial proceedings and shall cooperate for expeditious disposal of the case. Due to his absence, the trial has been prolonged. Though the order passed by the Sessions Court rejecting his bail petition cannot be found fault with, however, an opportunity can be given to the petitioner to participate in the trial, directing him to furnish fresh surety. It is made clear that no further indulgence will be shown to the petitioner, if he violates the said conditions. Accordingly, the following: ORDER i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 ii) Petitioner/accused No.6 in S.C.No.20/2020 pending before the Court of I Additional District and Sessions Judge, Tumkur arising out of Crime No.363/2011 of Kyathasandra Police Station, registered for the offence punishable under Section 395 of Indian Penal Code, shall be enlarged on bail subject to following conditions: a) The petitioner shall be released on bail on his executing a personal bond in a sum of Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the likesum to the satisfaction of the Committal Court/Trial Court. b) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly and he shall not hamper the case of prosecution in any manner. c) The petitioner shall not leave the jurisdiction of the Trial Court without - 6 - HC-KAR NC: 2025:KHC:37668 CRL.P No. 11531 of 2025 prior permission of the learned Sessions Judge. d) The petitioner shall mark his attendance before the jurisdictional Police Station, once every month until further orders/conclusion of the trial. e) The petitioner shall be regular in attending the trial proceedings and he shall co-operate for the expeditious disposal of the case. f) The petitioner shall furnish his correct address and shall intimate change of address, if any. g) The petitioner shall not involve in any criminal activities. h) If any of the above condition/s is/are violated, the prosecution is at liberty to move for cancellation of the bail granted. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 36