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2026 DAILYLAW 27095 (KAR)

VINITH v. STATE OF KARNATAKA BY

CRL.P/6953/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6953 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: VINITH S/O GANESH AGED ABOUT 27 YEARS R/AT D.I.Q.A. QUARTERS NEAR D.J.HALLI POLICE STATION D.J.HALLI, BENGALURU. …PETITIONER (BY SMT. SWATHI R BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: STATE OF KARNATAKA BY HOSAKOTE P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP.) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL IN CR.NO.279/2018 (SC.253/2022) PENDING BEFORE THE COURT OF HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-I), BENGALURU RURAL AT BENGALURU PERTAINING TO THE HOSAKOTE POLICE STATION FOR THE OFFENCES P/U/S 397 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 ORAL ORDER 1. Accused No.6 in S.C.No.253/2022 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.279/2018 registered by Hosakote Police Station, Bengaluru, for offence punishable under Section 397 of IPC, is before this court in this criminal petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. Learned counsel for the petitioner submits that on the merits of the case, petitioner, who is arrested in the present case, was granted anticipatory bail in Crl.Misc.No.698/2019 by order dated 28.05.2019. Except the present case, he is involved in another case registered for offence punishable under Sections 399 and 402 of IPC and in the said case, he has been enlarged on bail. In the - 3 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 present case, he has been arrested on 09.03.2026 for the reason that he has not appeared before the Trial Court on the regular dates of the hearing. She submits that the petitioner is ready and willing to cooperate before the Trial Court and abide by the conditions that will be imposed on him. 4. Per contra, learned Addl. SPP, who has opposed the bail application, submits that after the petitioner was granted anticipatory bail, he has not appeared before the Trial Court for a considerable period of time. Therefore, she submits that after taking coercive steps against him, finally his presence was secured on 09.03.2026. Accordingly, she prays to dismiss the petition. 5. Material on record would go to show that on the merits of the case, petitioner was granted anticipatory bail by the jurisdictional Magistrate in Crl.Misc.No.698/2019 by order dated 28.05.2019. Subsequently, after the charge sheet was filed, the case was committed to the - 4 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 jurisdictional Sessions Court and numbered as S.C.No.375/2019. Since the petitioner had not appeared before the Trial Court in S.C.No.375/2019, a split-up case was registered against him in S.C.No.253/2022 and in the said case, his presence was secured and he is now remanded to judicial custody on 09.03.2026. 6. In another criminal case registered against the petitioner, for offence punishable under Section 399 and 402 of IPC, he is enlarged on bail. So far as the present case is concerned, on merits, he had been granted anticipatory bail and only for the reason that he had not appeared before the Trial Court on the regular dates of hearing, he is arrested and remanded to judicial custody. 7. Petitioner is now in custody for the last 4 months. For the mistake committed by him, he has been sufficiently punished. The apprehension expressed by the learned Addl.SPP can be taken care of by imposing appropriate conditions. - 5 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 8. 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: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.253/2022 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.279/2018 registered by Hosakote Police Station, Bengaluru, for offence punishable under Section 397 of IPC, subject to the following conditions: a) The petitioner shall execute 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 - 6 - HC-KAR NC: 2026:KHC:34242 CRL.P No. 6953 of 2026 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. f) The petitioner is directed to appear before the Station House Officer, Hosakote Police Station, on every third Sunday of the Month between 10.30 a.m. and 02.00 p.m. after he is released from custody and mark his attendance for a period of one year. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 51