- 1 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8182 OF 2026 BETWEEN: KUSHAL @ SHASTHRI S/O. LATE. SRIKANTHA, AGED ABOUT 26 YEARS, R/AT NO.53, BHOVI COLONY, BASAVESHWARNAGAR, BENGALURU - 560 091. …PETITIONER (BY SRI. GIREESHA R.J, ADVOCATE) AND: STATE BY BASAVESHWARNAGAR POLICE STATION BENGALURU - 560 079. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.312/2018 (S.C.NO.92/2025) FOR THE ALLEGED OFFENCES P/U/S.399 AND 402 OF IPC, REGISTERED BY THE BASAVESHWANAGARA POLICE STATION, NOW THE CASE IS PENDING ON THE FILE HONBLE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in S.C.No.92/2025 pending before the Court of LXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.312/2018 registered by Basaveshwara Nagar Police Station, Bengaluru City for the offences punishable under Section 399 and 402 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, the petitioner herein was earlier granted regular bail in the present case on 31.08.2024. He submits that for the reason that the petitioner had not appeared before the trial Court, he has been now arrested and remanded to judicial custody. He undertakes to abide - 3 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 by the conditions that may be imposed on him. Accordingly, prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition submits that the petitioner is a person with criminal antecedents and accordingly, prays to dismiss the petition. 5. Perusal of the material on record would go to show that on merits of the case, the petitioner herein was arrested in the present case and was granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.7654/2024 by order dated 31.08.2024. After being enlarged on bail, he had not appeared before the Committal Court. Therefore, the case against him was split up and in the said case, he was arrested and thereafter, the matter was committed to the Sessions Court and numbered as S.C.No.92/2025. In the said case, he was granted regular bail by the trial Court on 28.01.2025. Subsequently, he had again remained absent before the - 4 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 trial Court and therefore, coercive steps were taken against him and he was arrested on 19.05.2026. Thereafter, his bail application filed before the trial Court was rejected. It is under these circumstances he is before this Court. 6. Though, the learned HCGP submitted that the petitioner is a person with criminal antecedents, it is not in dispute that in all the earlier cases which were registered against him, he has been enlarged on bail. Allegations in the said criminal cases registered against him are not grave in nature. 7. Be that as it may, the fact remains that on the merits of the present case, the petitioner has been granted regular bail and only for the reason that he has not appeared before the trial Court on the regular dates of hearing, he has been now arrested and remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. He has now - 5 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 undertaken to abide by the conditions that may be imposed on him. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.92/2025 pending before the Court of LXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.312/2018 registered by Basaveshwa Nagar Police Station, Bengaluru City for the offences punishable under Section 399 and 402 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 unless the Trial Court exempts his appearance for valid reasons; - 6 - HC-KAR CNR: KAHC010388022026 NC: 2026:KHC:37739 CRL.P No. 8182 of 2026 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 (S.H.O) of Basaveshwa Nagar Police Station, on every third Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance for a period of 1 year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 36