- 1 - HC-KAR NC: 2026:KHC:34308 CRL.P No. 7436 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7436 OF 2026 BETWEEN: MAHESHA @ GANGAVADI MAHESHA S/O LATE KEMPEGOWDA AGED ABOUT 45 YEARS R/AT MEGALAKOPPALU VILLAGE T. NARASIPURA TALUK MYSURU DIST - 571 101. …PETITIONER (BY SRI P. MAHADEVASWAMY, ADV.) AND: STATE OF KARNATAKA THROUGH SANTHEMARAHALLI POLICE, REP. BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDING AMBEDKAR VEEDI, BANGALORE - 01. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE ON BAIL IN CRIME NO.59/2009 (C.C.243/2017 REGISTERED AT SANTHEMARAHALLI POLICE STATION FOR THE OFFENCE P/US/ 393,114 R/W SEC.34 OF IPC, AND PENDING BEFORE THE HONBLE COURT OF CIVIL JUDGE AND JMFC YELANDUR, CHAMARAJANAGARA DISTRICT. 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:34308 CRL.P No. 7436 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in CC No.243/2017 pending before the Court of Civil Judge and JMFC, Yelandur, Chamarajanagara District, arising out of Crime No.59/2009 registered by Santhemaranahalli Police Station, Chamarajanagara, for the offences punishable under Sections 393, 114 and 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 case, petitioner was earlier granted regular bail in the present case. Since, he had not appeared before the Trial Court, a split-up case was registered against him and the other accused persons, who have been tried for the charge sheeted offences in CC No.133/2011 have been acquitted. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. He submits that petitioner is a person with criminal antecedents - 3 - HC-KAR NC: 2026:KHC:34308 CRL.P No. 7436 of 2026 and in the event, he is enlarged on bail, he may commit similar offences. Accordingly, he prays to dismiss the petition. 5. A perusal of the material on record would go to show that petitioner, who was earlier arrested in the present case was enlarged on bail considering the merits of the case. It appears that after charge sheet was filed, petitioner had not appeared before the Trial Court on the regular dates of hearing and therefore, a split-up case was registered against him in CC No.243/2017 and the other accused persons were tried in CC No.133/2011 and were acquitted by the Trial Court by judgment and order dated 29.07.2019. Petitioner is now in custody in split-up case from 07.04.2026 onwards. Learned counsel for the petitioner has submitted that petitioner will cooperate with the Trial Court for speedy disposal of the case and he shall abide by the conditions that may be imposed on him by this Court while enlarging him on bail. 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:- - 4 - HC-KAR NC: 2026:KHC:34308 CRL.P No. 7436 of 2026 6. The petition is allowed. The petitioner is directed to be enlarged on bail in CC No.243/2017 pending before the Court of Civil Judge and JMFC, Yelandur, Chamarajanagara District, arising out of Crime No.59/2009 registered by Santhemaranahalli Police Station, Chamarajanagara, for the offences punishable under Sections 393, 114 and 34 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; 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 - 5 - HC-KAR NC: 2026:KHC:34308 CRL.P No. 7436 of 2026 Court until the case registered against him is disposed off. f) The petitioner is directed to appear before the Station House Officer, Santhemaranahalli Police Station, Chamarajanagara, between 10:00 a.m. and 02:00 p.m. on every first Sunday of the month and mark his attendance, till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 79