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2026 DAILYLAW 33815 (KAR)

PRABHU P v. STATE BY

CRL.P/9345/2026 · 2026-08-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010438612026 NC: 2026:KHC:42242 CRL.P No. 9345 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9345 OF 2026 BETWEEN: PRABHU P S/O PARTHIBAN, AGED ABOUT 32 YEARS, R/AT NEAR CHANNAMMA TEMPLE, 6TH CROSS, KASTURINAGAR, RAJIVNAGAR, BENGALURU - 560 043. …PETITIONER (BY SRI. G.RAKESH RAJ, ADVOCATE) AND: STATE BY BYAPPANAHALLI RAILWAY POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 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 ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.1101/2021 (ARISING OUT OF CR.NO.7/2021 OF BYAPPANAHALLI RAILWAY P.S) REGISTERED FOR OFFENCE P/U/S 302, 201 R/W 34 OF IPC, PENDING BEFORE THE HONBLE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010438612026 NC: 2026:KHC:42242 CRL.P No. 9345 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 1. Accused No.2 in S.C.No.1101/2021 pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2021 registered by Byappanahalli Railway Police Station, Bengaluru, for offences punishable under Sections 302, 201 read with 34 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. Perusal of the material on record would go to show that the petitioner was earlier arrested in the present case on 16.05.2021. He was granted regular bail by the Co- ordinate Branch of this Court in Criminal Petition - 3 - HC-KAR CNR: KAHC010438612026 NC: 2026:KHC:42242 CRL.P No. 9345 of 2026 No.7510/2021 disposed of on 29.10.2021. It appears that subsequently, petitioner had not appeared before the Trial Court in S.C.No.1101/2021 and therefore, coercive steps were taken against him and his presence was secured and produced before the Court on 09.07.2024 and on the said day, he was remanded to judicial custody. His bail application filed before the Trial Court thereafter in Criminal Misc.No.5282/2026 was rejected on 15.06.2026. 4. Petitioner, who was earlier granted regular bail in the present case by the Co-ordinate Bench of this Court in Criminal Petition No.7510/2021 disposed of on 29.10.2021, is now arrested and remanded to judicial custody only for the reason that he had not appeared before the Trial Court on regular basis thereafter. He is now in custody from 09.07.2024 onwards. For the mistake committed by the petitioner, he has been now sufficiently punished. - 4 - HC-KAR CNR: KAHC010438612026 NC: 2026:KHC:42242 CRL.P No. 9345 of 2026 5. Submission made by the learned counsel for the petitioner that the petitioner has no other criminal antecedents, has not been disputed by the learned HCGP. 6. 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. Accordingly, the following order: ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.1101/2021 pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.7/2021 registered by Byappanahalli Railway Police Station, Bengaluru, for offences punishable under Sections 302, 201 read with 34 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 - 5 - HC-KAR CNR: KAHC010438612026 NC: 2026:KHC:42242 CRL.P No. 9345 of 2026 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. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 55