- 1 - HC-KAR NC: 2026:KHC:34574 CRL.P No. 7419 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. 7419 OF 2026 BETWEEN: NASIR SHARIFF @ CHILBULI @ NASIR S/O FAZIL SHARIF AGED ABOUT 30 YEARS R/O ARANAHALLI VILLAGE RAVANDURU HOBLI PERIYAPATNA TALUK MYSURU DISTRICT - 571 108. …PETITIONER (BY SRI ANIL KUMAR A.S, ADV., FOR SRI PARAMESWARAPPA C, ADV.) AND: STATE OF KARNATAKA BY KUNIGAL POLICE STATION KUNIGAL, TUMKUR DISTRICT PIN CODE - 572 130 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …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 HIM ON BAIL IN CRIME NO.436/2018 OF KUNIGAL POLICE STATION, KUNIGAL CIRCLE, TUMAKURU DISTRICT FOR THE OFFENCE P/SU/ 302,392,397,201,120-B,34 OF IPC 1860 PENDING BEFORE THE LEARNED I ADDL DISTRICT AND SESSIONS JUDGE AT TUMAKURU IN S.C.NO.77/2019 FOR FRAMING OF CHARGES AND TRIAL. 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:34574 CRL.P No. 7419 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in SC No.77/2019 pending before the Court of I Additional District and Sessions Judge, Tumakuru, arising out of Crime No.436/2018 registered by Kunigal Police Station, Tumakuru, for the offences punishable under Sections 302, 392, 397, 201, 120B 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 petitioner, who was arrested in the present case on 28.12.2018 was enlarged on bail on 09.07.2019 after the charge sheet was filed. For the reason that, petitioner had not appeared before the Trial Court in SC No.77/2019, coercive steps were taken against him and his presence was secured on 17.08.2025 and on the said day, he was remanded to judicial custody. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2026:KHC:34574 CRL.P No. 7419 of 2026 4. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 5. Perusal of the material on record would go to show that FIR in the present case was registered in Crime No.436/2018 against unknown persons. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.3 in the charge sheet. Petitioner, who was arrested in Crime No.436/2018 on 28.12.2018 was enlarged on bail on 09.07.2019 after charge sheet was filed. It appears that after committal of case before the jurisdictional Sessions Court, case was registered against accused Nos.1 to 4 in SC No.77/2019. Since the petitioner had not appeared before the Trial Court in SC No.77/2019, coercive steps were taken against him and his presence was secured on 17.08.2025. 6. Learned counsel for the petitioner has submitted that after the petitioner was released on bail, till 04.11.2024, he had appeared before the Trial Court. Be that as it may, the fact remains that on the merits of the case, petitioner was granted regular bail. Only for the reason that he had not appeared - 4 - HC-KAR NC: 2026:KHC:34574 CRL.P No. 7419 of 2026 before the Trial Court, his bail bonds were cancelled and his presence was secured on 17.08.2025 and on that day, he was remanded to be the judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. He has undertaken to cooperate with the Trial Court for the purpose of speedy disposal of the case. Under the circumstances, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.77/2019 pending before the Court of I Additional District and Sessions Judge, Tumakuru, arising out of Crime No.436/2018 registered by Kunigal Police Station, Tumakuru, for the offences punishable under Sections 302, 392, 397, 201, 120B 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 - 5 - HC-KAR NC: 2026:KHC:34574 CRL.P No. 7419 of 2026 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 DN List No.: 1 Sl No.: 63