- 1 - HC-KAR NC: 2026:KHC:26244 CRL.P No. 5239 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5239 OF 2026 BETWEEN: PRABHU S/O ANANDHA AGED ABOUT 41 YEARS R/A NO.564, 7TH CROSS RAJAGOPALNAGAR BANGALORE - 560 098. …PETITIONER (BY SRI ANUSH N, ADV.) AND: THE STATE OF KARNATAKA BY RAJGOPALNAGAR P.S REP.BY H.G.G.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN S.C. NO. 1765/2025 ARISES OUT OF CRIME NO. 385/2014 REGISTERED AT THE RESPONDENT RAJGOPALNAGAR POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC PENDING BEFORE THE HONBLE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. 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:26244 CRL.P No. 5239 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in SC No.1765/2025 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.385/2014 registered by Rajagopalnagar Police Station, Bengaluru, for the offences punishable under Sections 399 and 402 of IPC, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned Addl. SPP for the respondent - State. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted bail in Crl.Misc.No.4358/2014 disposed off on 04.08.2014. He also submits that the other accused, who was tried in the present case has been acquitted in SC No.932/2015. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2026:KHC:26244 CRL.P No. 5239 of 2026 4. Per contra, learned Addl. SPP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. FIR in the present case was registered for the offences punishable under Sections 399 and 402 of IPC. In the said case, petitioner was arraigned as accused No.4. Learned counsel for the petitioner has produced a memo along with certain documents and perusal of the said documents would go to show that on the merits of the case, petitioner was granted regular bail in the present case by order dated 04.08.2014 by the jurisdictional Sessions Court. For the reason that the petitioner had not appeared before the Trial Court on the regular dates of hearing, non-bailable warrant was issued against the petitioner and his presence was secured before the Court on 01.12.2025 and on the said date, he was remanded to judicial custody. For the mistake committed by the petitioner by not appearing before the Trial Court, he has been sufficiently punished. The material on record would go to show that other accused, who was tried for the alleged offences in SC No.932/2015 has been acquitted by the Trial Court by - 4 - HC-KAR NC: 2026:KHC:26244 CRL.P No. 5239 of 2026 judgment and order dated 30.04.2016. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1765/2025 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.385/2014 registered by Rajagopalnagar Police Station, Bengaluru, for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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; - 5 - HC-KAR NC: 2026:KHC:26244 CRL.P No. 5239 of 2026 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.: 77