- 1 - HC-KAR CNR: KAHC010378222026 NC: 2026:KHC:37489 CRL.P No. 7966 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7966 OF 2026 BETWEEN: 1. NAGESHA @ ALURU NAGESHA S/O RANGASWAMAIAH AGED ABOUT 30 YEARS R/A ALURU VILLAGE, SOLUR HOBLI, MAGADI TALUK RAMANGARA 521 343. …PETITIONER (BY SRI ROHAN S, ADV.) AND: 1. THE STATE OF KARNATAKA BY KYATHASANDRA POLICE STATION TUMAKURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER/ ACCUSED NO.2 ON BAIL IN SC.NO.145/2018 NOW PENDING BEFORE I/C VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, WHICH IS REGISTERED BY THE RESPONDENT/ KYATHASANDRA P.S. FOR THE ALLEGED OFFENCES P/U/S 395 OF IPC, 1860. 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 NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010378222026 NC: 2026:KHC:37489 CRL.P No. 7966 of 2026 ORAL ORDER 1. Accused no.2 in S.C.No.145 of 2018 pending before the Court of I Additional District and Session Judge, Tumakuru arising out of Crime No.119 of 2016 registered by Kyatasandra Police Station, Tumakuru District for offences punishable under Section 395 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. Perusal of the material on record would go to show that on the merits of the case, the petitioner who was arrested in the present case was granted regular bail by the Co-ordinate Bench of this Court in Criminal Petition No.3348 of 2017 disposed of on 30.05.2017. For the reason that petitioner had not appeared before the trial Court on the regular dates of hearing, coercive action was taken against him and his presence was secured before the Court on 21.03.2026 and on the said day he was remanded to judicial custody. His bail application filed before the Trial Court in Crl.Misc.No.764 of - 3 - HC-KAR CNR: KAHC010378222026 NC: 2026:KHC:37489 CRL.P No. 7966 of 2026 2026 was rejected on 26.05.2026. Therefore, he is before this Court. 4. It is brought to the notice of this Court that accused is involved in another criminal case of similar nature. It is not in dispute that in the said case he is already enlarged on bail. Insofar as the present case is concerned, the case was committed to the jurisdictional Sessions Court in the year 2018 and the order sheet of the trial Court in S.C.No.145 of 2018 would go to show that the petitioner had appeared before the trial Court for a considerable period of time and after accused nos.3 and 4 had failed to appear before the trial Court, a split- up case was registered against them. The trial court had issued non-bailable warrant against the petitioner on 30.07.2025 and his presence was secured on 21.03.2026 and on the same day he was remanded to judicial custody. 5. Be that as it may, fact remains that on the merits of the case petitioner has been granted regular bail in the present case by this Court in Crl.P.No.3348 of 2017. Only for the reason that he had not appeared before the Trial Court on the regular - 4 - HC-KAR CNR: KAHC010378222026 NC: 2026:KHC:37489 CRL.P No. 7966 of 2026 dates of hearing he is now arrested and remanded for judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. He has undertaken to abide by the conditions that may be imposed on him. 6. Accordingly, the following:- ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.145 of 2018 pending before the Court of I Additional District and Session Judge, Tumakuru arising out of Crime No.119 of 2016 registered by Kyatasandra Police Station, Tumakuru District for offences punishable under Section 395 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 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 - 5 - HC-KAR CNR: KAHC010378222026 NC: 2026:KHC:37489 CRL.P No. 7966 of 2026 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 Kyathasandra Police Station on every 4th Sunday of the month between 10.00 a.m. and 01.00 p.m. and mark his attendance for a period of six months from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 57