Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9279 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN:
T. HEMANTHA @ DALI S/O. LATE THAYAPPA, AGED ABOUT 28 YEARS, R/OF BAHADDURPURA, 23RD WARD, ANEKAL TOWN, BENGALURU RURAL DISTRICT - 560 106. …PETITIONER (BY SRI. MANJUNATH M. R., ADVOCATE) AND:
THE STATE OF KARNATAKA BY ANEKAL P.S. BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.077/2019 REGISTERED BY THE ANEKAL POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCES P/U/S Digitally signed by ANNAPURNA G Location: High Court of Karnataka
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 of 2026 143, 147, 302 R/W 149 OF IPC, WHICH IS PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL IN SC.NO.5014/2021.
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.4 in SC No.5014 of 2021 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal, arising out of Crime No.77 of 2019 registered by Anekal Police Station, Bengaluru District for the offences punishable under Section 302, 143, 147 read with Section 149 of IPC, 1860, 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 was granted regular bail by this Court in criminal petition No.6206 of
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 of 2026
2019. For the reason that he had not appeared before the trial Court on the regular dates of hearing, his presence was secured by the trial Court and he was remanded to judicial custody on 06.05.2026. Accordingly, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader who has opposed the petition submits that the petitioner is a person with criminal antecedents and accordingly, prays to dismiss the petition.
5. Material on record would go to show that the petitioner who was earlier arrested in the present case was granted regular bail by the Co-ordinate Bench of this Court in criminal petition No.6206 of 2019, which was
disposed of on 05.11.2019. Subsequently, the case against the petitioner was committed to the jurisdictional Sessions Court and was numbered as SC No.5014 of 2021. It appears that for the reason that the petitioner had not appeared before the Trial Court in SC No.5014 of 2021,
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 of 2026 coercive steps were taken against him and his presence was secured on 06.05.2026. On the said date, he was remanded to judicial custody. The Trial Court without appreciating the fact that the petitioner was earlier granted regular bail in the present case by this Court in criminal petition No.6206 of 2019 has rejected his bail application once again considering on merits.
6. Learned High Court Government Pleader has brought to the notice of this Court that the petitioner is a person with criminal antecedent and in addition to the present case, he has two other criminal cases pending against him.
7. It is not in dispute that in the said two cases the petitioner is already enlarged on bail. Insofar as the present case is concerned, on merits he has been granted regular bail. He has been now remanded to judicial custody only for the reason that he had not appeared before the Trial Court on the regular dates of hearing.
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 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. According the following:
O R D E R
The Criminal Petition is allowed. The petitioner is
directed to be enlarged on bail in SC No.5014 of 2021 pending before the Court of III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal, arising out of Crime No.77 of 2019 registered by Anekal Police Station, Bengaluru District for the offences punishable under Section 302, 143, 147 read with Section 149 of IPC, 1860, 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
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HC-KAR CNR: KAHC010435572026 NC: 2026:KHC:42082 CRL.P No. 9279 of 2026 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 (S.H.O) of Anekal Police Station on every first Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance till the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM, List No.: 1 Sl No.: 28