Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14018 OF 2025 (439(Cr.PC) / 483(BNSS))
BETWEEN:
1.
SRI S MAHESH (A1) SON OF SRIRAM AGED ABOUT 45 YEARS R/AT NO.32 2ND MAIN 3RD CROSS BYARASANDRA, JAYANAGARA 1ST BLOCK EAST BENGALURU 560011
…PETITIONER
(BY SRI. SRINATH B V, ADVOCATE FOR SRI NANJUNDA GOWDA M R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU - 560001.
…RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.468/2015 REGISTERED AT YESHWANTHPUR POLICE STATION IN SC NO.380/2016 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-67) FOR THE OFFENCES P/U/S 201 AND 302 R/W 34 OF IPC.
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.1 under Section 439 of CrPC/Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in SC No.380/2016 pending on the file of the learned 66th Additional City Civil and Sessions Judge, Bangalore City (CCH-67) registered for the offences punishable under Sections 201 and 302 of IPC (arising out of Crime No.468/2015 of Vidyaranyapura Police Station).
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State.
3. The
learned counsel for petitioner would contend that, the petitioner was granted bail by order
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HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
dated 04.10.2016, and he was appearing in the case till
02.09.2022. He remained absent thereafter, and NBW was issued against him, and he was voluntarily surrendered before the Court on 14.08.2025, and since then, he is in judicial custody. He was suffering from COVID-19, and he was admitted in a hospital during May
2021. Thereafter, there was miscommunication between the petitioner and his counsel, and therefore, he could not appear before the Trial Court. The petitioner has now deposited a sum of Rs.50,000/- towards forfeited bond amount of Rs.1,00,000/- before the Trial Court on
03.12.2025. He undertakes to appear before the Trial Court on all dates of hearing, and abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, the absence of the petitioner before the Trial Court has caused delay in disposal of the case registered against him. If he is again granted bail, again he will remain absent, and
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HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
cause delay in disposal of the case. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the materials placed on record. 6. The petitioner is accused No.1 in Crime No.485/2015 of Vidyaranyapura Police Station registered for the offences punishable under Sections 201 and 302 of IPC. He was granted bail by this Court by order dated 04.10.2016 passed in Crl.P No.5825/2016. The petitioner subsequently was released on bail. After filing of the charge sheet, the case has been committed to Sessions Court and numbered as SC No.380/2016. He has appeared in the said case till 20.02.2021. Thereafter, he remained absent, and NBW has been issued against him, and he has voluntarily surrendered before the Trial Court on 14.08.2025, and since then, he is in judicial custody. The petitioner was suffering from COVID-19 during May 2021. He could not appear before the Trial Court due to miscommunication between himself and his counsel. - 5 -
HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
7.
The petitioner has now deposited a sum of Rs.50,000/- in the Trial Court towards forfeited bond amount of Rs.1,00,000/-. The said amount deposited by the petitioner requires to be appropriated to the State towards forfeited bond amount. He has now undertaken to appear before the Trial Court on all dates of hearing and abide by conditions to be imposed by this Court. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following:
ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.380/2016 pending on the file of the learned 66th Additional City Civil and Sessions Judge, Bangalore, registered for the offences punishable under Sections 201 and 302 (arising out of Crime No.468/2015 of Vidyaranyapura Police Station) subject to following conditions:
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HC-KAR NC: 2025:KHC:52060 CRL.P No. 14018 of 2025
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not threaten the prosecution witnesses either directly or indirectly. c) The petitioner shall appear before the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. The Trial Court shall appropriate the amount in deposit in a sum of Rs.50,000/- deposited by the petitioner towards forfeited bond amount of Rs.1,00,000/- to the State.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 21