- 1 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11154 OF 2025 BETWEEN: SANTHOSH NAYAK @ MEDDA S/O GANAGADHAR NAYAK, AGED ABOUT 36 YEARS, RESIDING AT NO.223, 12TH "B" CROSS, VYALIKAVAL, BENGALURU-560003, RESIDING CURRENT ADDRESS: #47, 3RD CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560003. …PETITIONER (BY SRI. M.V.NISHREYAS, ADVOCATE FOR SMT. MEGHANA.B., ADVOCATE) AND: STATE OF KARNATAKA THROUGH VYALIKAVAL POLICE STATION, BENGALURU. REPRESENTED BY S.P.P., HIGH COURT ANNEXED BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN RESPECT OF THE CASE IN CRIME NO.14/2014 OF VYALIKAVAL POLICE STATION, WHICH WAS REGISTERED FOR THE ALLEGED OFFENCES UNDER SECTIONS 143, 147, 148, 307, 324, 506(B), AND 114 R/W SECTION 149 OF IPC, NOW AS SESSIONS CASE NO.192/2025 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-67). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail, in connection with a case registered in Crime No. 14/2014 of Vyalikaval Police Station, Bengaluru. 2. FIR is registered for the offences punishable under Sections 341, 143, 147, 148, 149, 307, 324, 506(B) of IPC, against accused Nos.1 to 7. - 3 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 3. It is alleged that on 21.02.2014 at about 9.30 pm, the accused have picked up quarrel with the first informant-Darshan and one Vignesh and assaulted them with chopper and clubs, etc. The Wound Certificates reveal that both the injured sustained simple injuries. 4. Petitioner, arraigned as accused No.7 in the charge-sheet was initially enlarged on bail. Due to his absence before the Trial Court, NBW was issued and a proclamation was published against him. He was arrested under NBW and remanded to judicial custody on 03.04.2025. His bail application has been rejected by the learned Sessions Judge, observing that if bail is granted, there are all the chances of him absconding, which may hamper the trial. 5. The incident is of the year 2014. By remaining absent before the Trial Court, after obtaining bail, the petitioner has not only violated the conditions but made the trial against him to prolong for more than a decade. - 4 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 6. The learned HCGP has contented that petitioner has no permanent abode and two more cases are registered against him, subsequent to the incident in question and therefore, he is not entitled for the relief, as there are chances of absconding and committing similar offence, if he is granted bail. 7. The learned counsel for the petitioner would contend that the petitioner was under the impression that the case registered against him has been closed, as it was informed to him that other accused, namely accused Nos.3 to 6 are acquitted. He submitted that an opportunity may be given to the petitioner to participate in the trial and petitioner will undertake to appear regularly before the Trial Court, henceforth. 8. Insofar as accused Nos.3 to 6 are concerned, trial was held against them and they have been acquitted by the Sessions Court in S.C.No.817/2014, vide Judgment dated 30.09.2021 and S.C.No.418 of 2020, vide judgment dated 30.10.2021. Case against accused No.2 has been - 5 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 abated. Petitioner is in judicial custody from 03.04.2025. He has undertaken to furnish adequate surety to ensure his regular presence before the Trial Court. In the facts and circumstances, his further detention may not be necessary. However, it is made clear that no further indulgence will be shown to the petitioner, if he once again fails to appear before the Trial Court. Accordingly, the following order: ORDER i) Petition is allowed. ii) Petitioner/Accused No.7 in S.C.No.192/2025 pending before the LXVI Additional City Civil and Sessions Judge, Bengaluru (CCH-67) arising out of Crime No.14/2014 of Vyalikaval Police Station, shall be enlarged on bail, subject to the following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the Jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:37155 CRL.P No. 11154 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the Trial Court regularly on all dates of hearing. 6. He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DH List No.: 1 Sl No.: 32