- 1 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11263 OF 2025 BETWEEN: SRI NAGARAJA P. S/O LATE N PERUMAL, AGED ABOUT 51 YEARS, R/AT NO. 47/1, B M RANGASWAMY BUILDING, OPP. NEW PETROL BUNK, BETTADASANAPURA BEGUR, BOMMANAHALLI, BENGALURU - 560068 …PETITIONER (BY SRI. SHIVANANDA REDDY R V.,ADVOCATE) AND: THE STATE OF KARNATAKA BY JAYANAGARA POLICE STATION, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560002. …RESPONDENT (BY SRI. RANGASWAMY. R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASED HIM ON BAIL, IN CRIME NO.382/2000 BY JAYANAGAR POLICE IN CC.NO.11145/2004 FOR THE OFFENCE P/U/S. 109, 341, 427 AND 307 R/W 34 OF IPC, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 PENDING ON THE FILE OF THE II ADDL. CJM, AT BENGALURU. THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned HCGP for respondent/State and perused the material on record. 2. The petitioner is arraigned as accused No.1 in Crime No.382/2000 of Jayanagar Police Station, Bangalore, registered for the offence punishable under Section 341, 427, 307 r/w 34 of IPC. He was initially enlarged on bail. As he failed to appear before the Trial Court, split up case was registered against him. After securing him, he was remanded to judicial custody on 06.06.2025. His bail application has been rejected by the learned Sessions judge in Criminal Misc.No.5317/2025 vide order dated 11.07.2025, observing that due to his fault, case is - 3 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 pending for more than 21 years and therefore, he is not entitled for grant of bail. 3. The incident took place on 26.07.2000 at about 8.45 p.m. It is alleged that accused Nos.1 and 2 have assaulted the injured by name S.B. Boregowda with a knife and a chopper with an intention to commit his murder. The petitioner is arraigned as accused No.1. He was initially arrested on 31.07.2000. It is submitted by the learned counsel that petitioner was released on bail on 08.09.2000, but filing of charge sheet in the year 2002 was not within his knowledge. Further, in this case accused No.3 died during the pendency of the case. He submitted that the petitioner suffered a stroke in the year 2018 and admitted at Rajarajeshwari Medical College and Hospital. He is residing in the address shown in the cause title, but he was not served with any summons, hence he was not aware of the pendency of the case. He submits that petitioner voluntarily surrendered before the Court on 06.06.2025 and since then he is in custody. - 4 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 4. Learned HCGP contended that petitioner has absconded for all these years and in the event of grant of bail to him, he will once again abscond and in that case trial will be further delayed. He has therefore, sought to dismiss the petition. 5. It is brought to the notice of the Court that accused No.2, who was tried in Sessions Case No.436/2004, was acquitted by the learned Sessions Judge vide judgment dated 18.09.2008. Copy of the said judgment is produced at Annexure-G. 6. Considering the reasons stated by the learned counsel for the absence of petitioner before the Trial Court and considering the fact that petitioner himself has surrendered before the Court on 06.06.2025, an opportunity may be given to him to participate in the trial, making it clear that he is not entitled for further indulgence. Hence, by imposing conditions relief sought in the petition can be granted. Hence the following:- - 5 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 ORDER Petition is allowed. Petitioner/accused No.1 in C.C.No.11145/2004 pending before the Court of II Additional Chief Judicial Magistrate, Bengaluru, (Crime No.382/2000 of Jayanagar Police Station, Bangalore), shall be enlarged on bail, subject to 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 likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address/contact number and shall inform the Court, if there is change in the address/contact number. 3. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Trial Judge. - 6 - HC-KAR NC: 2025:KHC:33422 CRL.P No. 11263 of 2025 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the trial Court on all dates of hearing without fail. 6. He shall not indulge himself and commit any offence. 7. He shall co-operate for the early disposal of the case. If any of the above conditions are violated, the prosecution is at liberty to move the Trial Court for cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NG List No.: 1 Sl No.: 33