- 1 - HC-KAR NC: 2025:KHC:41510 CRL.P No. 13863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13863 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHASHIKUMAR S/O PARASHURAM, AGED ABOUT 26 YEARS, R/AT NO 245, BSK 2ND STAGE, NEAR MARTORY, KAVERI NAGARA BANGALORE. …PETITIONER (BY SRI. D.G.SREENIVASA KUMAR.,ADVOCATE) AND: STATE OF KARNATAKA THALAGHATTAPURA POLICE STATION, BANGALORE RURAL DISTRICT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 009. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.34/2020 (C.C.NO.3703/2020) OF THALAGHATTAPURA POLICE STATION U/S.399 AND 402 OF IPC PENDING ON THE FILE OF THE II ACJM BENGALURU.THE PRINCIPAL DISTRICT AND SESSIONS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41510 CRL.P No. 13863 of 2025 JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS DISMISSED THE BAIL PETITION ON 02.09.2025 IN CRL.MISC.NO.1610/2025. 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 under Section 439 of Cr.P.C. praying to grant bail in Crime No.34/2020 of Thalaghattapura police station registered for offences under Section 399 and 402 of IPC. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that petitioner who has been granted bail earlier has not appeared and therefore, NBW has been issued against him and he has been secured by executing NBW on 17.06.2025 and he is remanded to judicial custody. He submits that there was a communication gap between his counsel and himself and therefore, he could not appear in - 3 - HC-KAR NC: 2025:KHC:41510 CRL.P No. 13863 of 2025 the criminal case. The petitioner is undertaking to appear in the said criminal case and abide by terms and conditions imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioner is having criminal antecedents and he is involved in seven criminal cases. The petitioner remained absent for more than one year. Considering the same, the learned Sessions Judge has rightly rejected his bail petition. If the petitioner is granted bail, he again remains absent and cause delay in trial. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials based on record. 6. The petitioner alleged to have committed offences under Section 399 and 402 of IPC and case against him is pending in C.C.No.3703/2020. The petitioner has been - 4 - HC-KAR NC: 2025:KHC:41510 CRL.P No. 13863 of 2025 granted bail in Crl.Misc.No.76/2024 by order dated 18.01.2024 and thereafter he has been released on bail. Thereafter the petitioner remained absent and he has been secured by executing NBW on 17.06.2025 and he has been remanded to judicial custody. The petitioner remained absent for more than one year. The case registered against petitioner is pending before the Committal Court. The other co-accused are also not appearing in the said criminal case. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. 7. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Crime No.34/2020 of Thalaghattapura Police Station pending in C.C.No.3703/2020 on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:41510 CRL.P No. 13863 of 2025 (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) Petitioner shall not tamper prosecution witnesses either directly or indirectly. (iii) Petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. (iv) Petitioner shall mark his attendance on every fourth Sunday in the jurisdictional police station till disposal of case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 11