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2026 DAILYLAW 22624 (KAR)

CHETHAN KUMAR H S @ CHETHU v. THE STATE OF KARNATAKA

CRL.P/5397/2026 · 2026-06-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30407 CRL.P No. 5397 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5397 OF 2026 BETWEEN: CHETHAN KUMAR H.S @ CHETHU S/O SURESH AGED ABOUT 29 YEARS R/A C/O SHIVALINGEGOWDA FRONT OF BASAVANNA TEMPLE BASHETTIHALLI D.B. PURA TALUK BENGALURU DISTRICT - 561 203 NO.3 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI ADARSHA R, ADV.) AND: THE STATE OF KARNATAKA BY RAJANAKUNTE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR DISTRICT COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN SC.NO.10034/2021 (CRIME NO.139/2020) REGISTERED BY THE RESPONDENT/RAJANKUNTE PS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 397, 120B, 109 OF IPC NOW PENDING ON THE FILE OF HONBLE IV ADDL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30407 CRL.P No. 5397 of 2026 DISTRICT AND SESSIONS JUDGE, SITTING AT DODDABALLAPURA, BENGALURU RURAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.10034/2021 pending before the Court of IV Addl. District and Sessions Judge, sitting at Doddaballapura, Bengaluru Rural District, arising out of Crime No.139/2020 registered by Rajanukunte Police Station, Bengaluru Rural District, for the offences punishable under Sections 397, 120B and 109 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 parties. 3. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons and during the course of investigation, petitioner herein was arrested on 16.01.2021. Charge sheet has been filed in the present case as against seven persons and - 3 - HC-KAR NC: 2026:KHC:30407 CRL.P No. 5397 of 2026 petitioner is arraigned as accused No.3 in the charge sheet. He was earlier granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.4368/2021 allowed on 18.08.2021. It appears that after the petitioner was released on bail, he had not appeared before the Trial Court on the regular dates of hearing and therefore, coercive steps were taken against him and his presence was secured in the present case on 08.01.2026 and on the said day, he was remanded to judicial custody. 4. Learned Addl. SPP has brought to the notice of this Court that petitioner was earlier involved in five other cases. 5. It is not in dispute that petitioner has not involved himself in any other fresh case after 2020. The fact remains that on the merits of the case, petitioner was granted regular bail in the present case and for the reason that petitioner was not appearing before the Trial Court on the regular dates of hearing, he was arrested and remanded to judicial custody. For the mistake committed by him by not appearing before the Trial Court regularly, he has been sufficiently punished and he is now in custody for the last five months. He has undertaken - 4 - HC-KAR NC: 2026:KHC:30407 CRL.P No. 5397 of 2026 to cooperate before the Trial Court. 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, subject to appropriate conditions. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.10034/2021 pending before the Court of IV Addl. District and Sessions Judge, sitting at Doddaballapura, Bengaluru Rural District, arising out of Crime No.139/2020 registered by Rajanukunte Police Station, Bengaluru Rural District, for the offences punishable under Sections 397, 120B and 109 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; - 5 - HC-KAR NC: 2026:KHC:30407 CRL.P No. 5397 of 2026 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. f) The petitioner is directed to appear before the Station House Officer, Rajanukunte Police Station, Bengaluru, on first Sunday of every month between 10.00 a.m. and 01.00 p.m. and mark his attendance, for a period of one year. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 56