- 1 - HC-KAR NC: 2025:KHC:30511 CRL.P No. 9840 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9840 OF 2025 BETWEEN: JAGADEESHA S/O VENKATESH AGED ABOUT 35 YEARS, R/AT 71, 1ST CROSS, 1ST MAIN, KAVERINAGARA, BANGALORE - 560 085 (ACCUSED NO.4 IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. VIJAY KUMAR .D.K., FOR SRI. SHIVAPRASAD .S., ADVOCATE) AND: THE STATE OF KARNATAKA BY KAGGALIPURA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SC.NO.225/2022 ARISING OUT OF CR.NO.152/2017 REGISTERED BY THE KAGGALIPURA POLICE, ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30511 CRL.P No. 9840 of 2025 BENGALURU RURAL DISTRICT, AT BENGALURU, FOR THE OFFENCES P/U/S 399, 402 OF IPC. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by the petitioner to enlarge him on bail in SC.No.225/2022 pending on the file of the Principal Sessions Judge, Bengaluru Rural District, Bengaluru, registered for the offence punishable under Sections 399 and 402 of IPC. 2. Heard both sides and perused the material on record. 3. The material on record reveal that the FIR was registered in Crime No.152/2017 of Kaggalipura Police Station, Ramanagar, for the aforementioned offences, against accused Nos.1 to 5, wherein the petitioner is arraigned as accused No.4. He was granted bail initially as per order dated 10.12.2019 in SC.No.214/2019. Since he failed to appear before the Trial Court and as he was irregular, NBW and proclamation was - 3 - HC-KAR NC: 2025:KHC:30511 CRL.P No. 9840 of 2025 issued against him. He was arrested on 23.06.2025 and in custody since then. 4. Explaining the reasons for his absence before the Trial Court, learned counsel for the petitioner would submit that after Covid-19, petitioner was unable to communicate with his counsel on record and lost contact with him. Further, he was not aware of the proceedings pending against him and he was under the impression that the case against him has been closed. He submitted that the absence of the petitioner before the Trial Court was not intentional, but for the bonafide reasons. Further, the co-accused are already acquitted in SC.No.214/2019. Accordingly, sought to enlarge the petitioner on bail. 5. Learned HCGP has contended that petitioner was once released on bail and since he remained absent before the Trial Court, case against him was split up. Hence, if the petitioner is enlarged on bail, he will once again abscond. 6. As this Court finds that the petitioner was granted bail initially and the co-accused namely, accused Nos.1 and 5 - 4 - HC-KAR NC: 2025:KHC:30511 CRL.P No. 9840 of 2025 have been acquitted by the Trial Court vide judgment dated 20.06.2024 passed in SC.No.214/2019, an opportunity may be given to the petitioner to participate in the trial proceedings and therefore, he can be released on bail by imposing stringent conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.4 in SC.No.225/2022 pending before the Court of Principal District & Sessions Judge, Bengaluru Rural District, Bengaluru (Crime No.152/2017 of Kaggalipura Police Station), shall be released on bail subject to following conditions: a) Petitioner 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. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. - 5 - HC-KAR NC: 2025:KHC:30511 CRL.P No. 9840 of 2025 c) He shall mark his attendance at Kaggalipura Police Station on the 1st and 15th of every month, for a period of four months or till conclusion of trial, whichever is earlier. d) He shall not indulge himself in committing any offence. e) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. f) He shall not tamper with the prosecution witnesses either directly or indirectly. g) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS