- 1 - HC-KAR NC: 2025:KHC:51214 CRL.A No. 522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 522 OF 2025 (U/S 14(A) (2)) BETWEEN: SRI. MAHESHKUMAR S/O. NAGENDRA, AGED ABOUT 30 YEARS, R/A: HALAKERE VILLAGE, KEREGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 446. …APPELLANT (BY SRI. SHARATH J M., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY CHANNAPATNA RURAL P.S, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. MOHAN, S/O.CHIKKAIAH, AGED ABOUT 35 YEARS, R/A. NEAR RAILWAY GATE, BYRAPATTANA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51214 CRL.A No. 522 of 2025 THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 21.06.2024 PASSED IN CRL.MISC.NO.483/2024 BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND CONSEQUENTLY ENLARGE THE APPELLANT-ACCUSED NO.5 ON REGULAR BAIL IN CR.NO.104/2017 (SPL.CC.NO.81/2020), PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, FOR THE OFFENCES P/U/S 143, 365, 394 R/W 149 OF IPC, U/S 3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. It is submitted by learned HCGP that notice is duly served on respondent No.2. Respondent No.2 called out, he remained absent and unrepresented. 2. The appellant has preferred this appeal against the impugned order dated 21.06.2024 passed in Crl.Misc.No.483/2024 by the I Additional District and Sessions Judge, Ramanagar and consequently, enlarge the appellant/accused No.5 on regular bail. 3. The brief facts leading to this appeal are that, on the basis of the complaint filed by one Mohan, Channapatna police have registered a case in Crime No.104/2017 against the - 3 - HC-KAR NC: 2025:KHC:51214 CRL.A No. 522 of 2025 accused Hulikere Kumara and other three accused (names not known) for the commission of the offences under Section 394, 363 r/w 34 IPC. 4. After registration of the case, the present appellant Maheshkumar @ Mahesh has obtained bail in Criminal Misc.303/2022 on the file of the I Additional District and Sessions Judge, Ramanagar on 21.04.2022. Thereafter, after investigation, IO has submitted the chargesheet against accused Nos.1 to 6 for the commission of offences punishable under Section 143, 365, 394, 149 IPC under Section 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015. Thereafter, the accused had not regularly appeared before the trial Court. Hence, NBW and proclamation have also been issued. The split up case was registered against this accused. Thereafter, NBW was executed against this accused. Accused was produced before the trial Court on 22.05.2023 and thereafter, the accused was remanded to judicial custody and till this day, the accused is in judicial custody. The bail application was filed on behalf of this appellant and the same came to be rejected by the trial Court. Being aggrieved by the said order, the appellant has preferred this appeal. - 4 - HC-KAR NC: 2025:KHC:51214 CRL.A No. 522 of 2025 5. On perusal of the materials placed before this Court, it is not in dispute that the accused is in judicial custody from 22.05.2023 till this day. The ordersheet of the trial Court reveals that now the trial Court has issued bailable warrant to CWs 30 and 32. A perusal of the chargesheet reveals that the prosecution has failed to produce the witnesses before the trial Court on several occasions. The trial Court has not complied the mandatory provisions of Section 309 of Code of Criminal Procedure though the accused/present appellant is in judicial custody for more than 02 years. 6. Considering the nature and gravity of the offences and also delay in conducting the trial by the trial Court and for non- compliance of mandatory provisions of Section 309 of Code of Criminal Procedure, it is just and proper to allow this appeal with stringent conditions. Accordingly, I pass the following: ORDER (i) The appeal is allowed. (ii) The impugned order passed by the I Additional District and Sessions Judge, Ramanagar, in Criminal Misc.No.483/2024 dated 21.06.2024 is set aside. - 5 - HC-KAR NC: 2025:KHC:51214 CRL.A No. 522 of 2025 Consequently, the application filed by the appellant under Section 439 of Cr.P.C., is allowed, subject to following conditions: (a) The appellant shall be released on bail on executing a self bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the trial Court. (b) The appellant shall deposit Rs.10,000/- as cash surety along with the sureties before the trial Court. (c) The appellant shall not tamper or threaten the prosecution witnesses in any manner. (d) The appellant shall appear before the trial Court on all the dates of hearing without fail. Sd/- (G BASAVARAJA) JUDGE tsn* List No.: 1 Sl No.: 2