- 1 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 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.4225 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: VIJAY @ DADIYA VIJI S/O MUNIRAJU AGED ABOUT 20 YEARS R/O. NO.137, 6TH CROSS, 17TH MAIN NEXT TO KRISHNA REDDY NILAYA NEAR BALAJI RESTAURANT SWATANTRA YODHARA NAGAR LAGGERE, BANGALORE-560054 …PETITIONER (BY SRI. PRASANNA RAO R., ADVOCATE) AND: STATE BY NANDINI LAYOUT P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP.) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THE ACCUSED NO.1 ON THE BAIL IN CRIME NO.46/2016 OF NANDINI LAYOUT P.S., REGISTERED FOR ALLEGED OFFENCE P/U/S 397 OF IPC AND PENDING ON THE FILE OF THE HONBLE LVI ADDL CITY CIVIL AND SESSIONS JUDGE (CCH-57) PENDING IN S.C.NO.1763/2018. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in S.C.No.1763/2018 pending before the Court of LVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.46/2016 registered by Nandini Layout Police Station, Bengaluru, for offence punishable under Section 397 of IPC, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. FIR in Crime No.46/2016 was registered by Nandini Layout Police Station, Bengaluru, for the offence punishable under Section 392 of IPC against 4 unknown persons based on the first information dated 13.03.2016, received from Praveen Kumar.S.M., who is the alleged victim in the case. In the said case, petitioner who was - 3 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 arrested, was subsequently enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.6577/2016 by order dated 04.10.2016. After the case was committed to the jurisdictional Sessions Court, accused were being tried in S.C.No.342/2017. Since the petitioner had not appeared before the said Court, a split-up case was registered against him in S.C.No.1763/2018 and coercive steps were taken to secure his presence. Petitioner was arrested on 10.02.2026 and subsequently remanded to judicial custody in S.C.No.1763/2018. Thereafter, his bail application filed before the jurisdictional Sessions Court was rejected by order dated 25.02.2026. Therefore, he is before this Court. 4. It is not in dispute that on the merits of the case, petitioner was granted regular bail in Crl.Misc.No.6577/2016 by order dated 04.10.2016 by the jurisdictional Sessions Court. After the charge sheet was filed in the present case for offence punishable under Section 397 of IPC, since the petitioner had not appeared - 4 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 before the Sessions Court in S.C.No.342/2017, a split-up case was registered as against him in S.C.No.1763/2018 and in the said case, he has been now arrested on 10.02.2026 and remanded to judicial custody. 5. Accused No.2, as against whom similar allegations are found in the charge sheet, was tried in S.C.No.342/2017 and he has been acquitted by the jurisdictional Sessions Court by judgment and order dated 12.10.2021. 6. It is brought to the notice of this Court by learned Additional State Public Prosecutor that petitioner is a person with criminal antecedent and as many as 10 criminal cases are registered against him. She has submitted that in the event petitioner is enlarged on bail, he may indulge in committing similar offences and also may flee away from justice. 7. The petitioner, who has been granted regular bail on merits in the present case, is now arrested and remanded - 5 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 to judicial custody, only for the reason that he has not appeared before the Trial Court on regular dates of hearing. The apprehension expressed by the learned Additional State Public Prosecutor can be taken care of by imposing appropriate conditions. 8. Under the circumstances, I am of the opinion that the petitioner has made out a case for enlarging him on bail in the present case, subject to appropriate conditions. Accordingly, the following order: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1763/2018 pending before the Court of LVI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.46/2016 registered by Nandini Layout Police Station, Bengaluru, for offence punishable under Section 397 of IPC, if his custody is not required in any other case, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 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 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 shall appear before the Station House Officer of Nandini Layout Police Station, Bengaluru, between 10.30 a.m. and 02.00 p.m. on every first and third Sunday of - 7 - HC-KAR NC: 2026:KHC:34250 CRL.P No. 4225 of 2026 the month after he is released from custody in the present case and mark his attendance till the disposal of the case against him in S.C.No.1763/2018. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 39