- 1 - HC-KAR NC: 2025:KHC:38308 CRL.P No. 12214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12214 OF 2025 BETWEEN: SRI. KIRANA S/O PAPANNA, AGED ABOUT 30 YEARS, OCC: PAINTING WORK, R/O KOTE CAMP, AMBEDKAR NAGARA, TARIKERE, CHIKKAMAGALURU-577 228. …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY OLD TOWN POLICE STATION, BHADRAVATHI, REP. BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. 2. NAGARJUNA S/O BALU, AGED ABOUT 21 YEARS, D.NO.21, HOUSING BOARD, MG ROAD, TARIKERE, CHIKKAMAGALURU-577 228. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38308 CRL.P No. 12214 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.5023/2023, PENDING BEFORE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI FOR FIR REGISTERED IN CR.NO.87/2017 OF OLD TOWN P.S., BHADRAVATHI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 144, 147, 148, 341, 323, 504, 506, 307, 149 OF INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as an accused in Crime No.87/2017 of Bhadravathi old Town Police Station remained absconding through out. He was secured and remanded to judicial custody on 06.06.2025, only after issuance of proclamation. His bail petition has been dismissed by the learned Sessions Judge vide order dated 10.07.2025. Hence, this petition. 2. The incident took place on 15.05.2017 at about 4.30 p.m., wherein the first informant by name Nagarjuna, victim in the case, has alleged that all the accused formed an unlawful assembly with a common object of committing - 3 - HC-KAR NC: 2025:KHC:38308 CRL.P No. 12214 of 2025 his murder and assaulted him with deadly weapons. FIR was registered against accused Nos.1 to 7. Chargesheet was filed showing the petitioner as absconding, for the offence punishable under Section 143, 144, 147, 148, 341, 323, 504, 307, 149 and 506 of IPC. Case against the petitioner was split-up and numbered as S.C.No.5023/2025. 3. Even though the conduct of the petitioner does not warrant the relief sought in this case, as he has remained absent through out and secured only after issuance of proclamation, however, it is brought to the notice of the Court that accused Nos.1, 2, 4 to 6 who faced the trial are acquitted by the Sessions Court in S.C.No.5071/2025 vide judgment dated 07.02.2023. In that view of the matter, the petitioner who is now in judicial custody, can be shown some indulgence, on some stringent terms. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:38308 CRL.P No. 12214 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused in S.C.No.5023/2025 pending before the Court of IV Additional District and Sessions Judge, Shivamogga (sitting at Bhadravathi) shall be enlarged on bail, subject to following conditions: 1. He shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish cash security of Rs.50,000/- (Rupees Fifty Thousand only) which shall be forfeited if he fails to appear before the Court. 3. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 4. He shall not directly or indirectly tamper with the prosecution witnesses. - 5 - HC-KAR NC: 2025:KHC:38308 CRL.P No. 12214 of 2025 5. He shall not leave the jurisdiction of the trial Court, without prior permission until the case against him is disposed of. 6. He shall not indulge himself in committing any offence. 7. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29