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2026 DAILYLAW 24922 (KAR)

SHANTHARAJU @ SURKALI v. STATE OF KARNATAKA BY

CRL.P/792/2026 · 2026-06-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32421 CRL.P No. 792 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 792 OF 2026 BETWEEN: SHANTHARAJU @ SURKALI S/O NAGARAJU AGED ABOUT 30 YEARS R/A NO.13, 11TH CROSS VITTALANAGARA NEAR MARUTHI GARAGE, RUDRAPPA GARDEN CHAMARAJPET, BENGALURU - 560 050. …PETITIONER (BY SRI G RAKESH RAJ, ADV.) AND: STATE OF KARNATAKA BY HANUMANTHANAGAR P.S. REPRESENTED BY THE STATE PUBLIC KARNATAKA HIGH COURT COMPLEX, PROSECUTOR BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN C.C.NO.5156/2022, OF CR.NO.134/2015 REGISTERED P/U/S 323, 324, 341, 342, 448, 504, 307 R/W 34 OF IPC REGISTERED BY RESPONDENT HANUMANTHANAGARA POLICE STATION, PENDING BEFORE THE FILE OF 37TH ACJM, 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:32421 CRL.P No. 792 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in S.C.No.369 of 2025 pending before the Court of LXI Additional City Civil & Section Judge, Bengaluru, arising out of Crime No.134 of 2015 registered by Hanumantanagara Police Station, Bengaluru city, for offences punishable under Sections 448, 341, 342, 323, 324, 307 & 504 R/w Section 34 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. Learned counsel for the petitioner submits that on the merits of the present case, petitioner who was arrested had granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.2842 of 2015 disposed of on 11.06.2015. For the reason that petitioner had not appeared before the committal Court, case against him was split up and he is now arrested and remanded to judicial custody on 11.02.2025. Except the present case, he has no other criminal antecedents. He is ready - 3 - HC-KAR NC: 2026:KHC:32421 CRL.P No. 792 of 2026 and willing to abide by any conditions that may be imposed. Accordingly, he prays to allow the petition. 4. Learned HCGP has opposed the petition. However, he does not dispute the submission made by learned counsel for the petitioner. He submits that stringent conditions may be imposed on the petitioner while enlarging him on bail. 5. Perusal of the material on record would go to show that, on the merits of the case, petitioner was granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.2842 of 2015 vide order dated 11.06.2015. It appears that after the charge sheet was filed in the present case, the petitioner had not appeared before the Commital Court. Therefore, a split-up case was registered against him and as against other accused persons, the case was committed to the jurisdiction Sessions Court. In the split-up case, petitioner was arrested on 11.02.2025 and a case is now registered against him in S.C.No.369 of 2025. 6. It is not in dispute that petitioner has no other criminal antecedent. Only for the reason that petitioner had not - 4 - HC-KAR NC: 2026:KHC:32421 CRL.P No. 792 of 2026 appeared before the committal Court, steps were taken to secure his presence and he is now in custody from 11.02.2025 onwards. For the mistake committed by the petitioner, who is a youngster having no other criminal antecedents he has been sufficiently punished. He has undertaken to cooperate before the trial Court for early disposal of the case. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.369 of 2025 pending before the Court of LXI Additional City Civil & Section Judge, Bengaluru, arising out of Crime No.134 of 2015 registered by Hanumantanagara Police Station, Bengaluru city, for offences punishable under Sections 448, 341, 342, 323, 324, 307 & 504 R/w Section 34 of IPC, subject to the following conditions:- a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 5 - HC-KAR NC: 2026:KHC:32421 CRL.P No. 792 of 2026 only) 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 NMS List No.: 1 Sl No.: 29