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2026 DAILYLAW 18433 (KAR)

PURUSHOTHAMA.J.V, v. STATE BY KORATAGERE POLICE STATION

CRL.P/2429/2026 · 2026-06-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25734 CRL.P No. 2429 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2429 OF 2026 BETWEEN: PURUSHOTHAMA J.V S/O VENKATESHAMURTHY AGED ABOUT 22 YEARS R/O UPPARA STREET KORATAGERE TOWN AND TALUK TUMAKURU DISTRICT - 572 129. …PETITIONER (BY SRI G.M. SHARATH KUMAR, ADV., FOR SRI MOHAMMED UMMAR FAROOQ, ADV.) AND: STATE BY KORATAGERE POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC.NO.5038/2023 ARISING OUT OF CR.NO.18/2023 REGISTERED BY THE KORATAGERE P.S., FOR THE OFFENCES P/U/S 399,402,201 OF IPC, PENDING ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI BY ALLOWING THE APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25734 CRL.P No. 2429 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in SC No.5038/2023 pending before the Court of IV Addl. District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.18/2023 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 399, 402 and 201 of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. 3. Perusal of the material on record would go to show that FIR in the present case was registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 399 and 402 of IPC in which petitioner was arraigned as accused No.1. Petitioner, who was arrested and remanded to judicial custody in the present case was subsequently granted regular bail by the jurisdictional Court of Sessions Judge in Crl.Misc.No.5037/2023 by order dated 09.02.2023. It appears that subsequently, petitioner had failed to appear before the - 3 - HC-KAR NC: 2026:KHC:25734 CRL.P No. 2429 of 2026 Trial Court on the regular dates of hearing and it is under these circumstances, coercive steps were taken as against him and he was arrested and remanded to judicial custody on 17.05.2025. For the mistake committed by the petitioner by not appearing before the Trial Court, he has been sufficiently punished. Petitioner aged about 22 years, who was earlier granted bail in the present case, has undertaken to cooperate before the Trial Court for early disposal of the case. Trial in the case is already commenced and material charge sheet witnesses have been already examined. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 4. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5038/2023 pending before the Court of IV Addl. District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.18/2023 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 399, 402 and 201 of IPC, subject to the following conditions: - 4 - HC-KAR NC: 2026:KHC:25734 CRL.P No. 2429 of 2026 a) Petitioner shall execute a personal bond for a sum of Rs.50,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 62