- 1 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 16281 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHIVARAJA @ JOGI S/O. LATE JOGAPPA, AGED ABOUT 27 YEARS, R/AT.BEHIND BYRAVESHWARA TEMPLE, 5TH CROSS, OLD VILLAGE, LAGGARE, BANGALORE - 560 058. …PETITIONER (BY SRI. NINGARAJA M N.,ADVOCATE) AND: STATE OF KARNATAKA Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 REP BY RAJAGOPALANAGARA POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY MISS. ASMA KAUSER., ADDITIONAL SSP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN S.C.NO.858/2019 (CR.NO.192/2018) OF RESPONDENT RAJAGOPALNAGAR P.S. OFFENCE U/S. 399, 402 IPC PENDING ON THE FILE OF THE LXVI ADDL. CITY CIVIL AND SESSIONS AT BANGALORE CITY (CCH-67). THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 ORAL ORDER 1. The petitioner/accused No.2 is before this Court seeking for grant of regular bail in Crime No.192/2018 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, on 30.03.2018, on credible information having been received stating that 6-7 persons were holding deadly weapons in their hands and gathering near bushes in a vacant place in front of Sri Rama Temple, G.K.W.Layout with an intention to commit dacoity. The complainant and his staff went to the spot, apprehended three persons along with the deadly weapons and a case came to be registered against the petitioners. The present case has been charge sheeted and it has been committed to the Sessions Court. The petitioner remained absent after the committal order has been passed. Therefore, NBW was issued against him and he was arrested by the respondent-police. - 4 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 3. It is the submission of the learned counsel for the petitioner that, after order of committal is passed, summons was not served properly to the petitioner. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court. Making such submissions, he prays to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner has been absconded for a period of 6 years after obtaining bail and also violated the bail conditions. The charge sheet has been filed in the year 2018 and the petitioner remained absent for a considerable length of time. Because of his absence, the case has been hampered. Under such circumstances, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 5. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, which would indicate that the alleged offences are punishable under Sections 399 and 402 of BNS, 2023, which deals with preparation to commit dacoity. No doubt, the present petitioner was also one of the accused in this case. After order of committal is passed, he remained absent for a considerable length of time. Because of his absence, the case has been hampered before the trial Court. 6. Having considered the nature of offence and its seriousness, I am of the considered opinion that personal liberty guaranteed under Article 21 of the Constitution of India needs to be upheld to protect the interest of the petitioner. 7. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.192/2018 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail and he shall co-operate to conclude the trial as early as possible. - 7 - HC-KAR NC: 2026:KHC:13607 CRL.P No. 16281 of 2025 (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 23