- 1 - HC-KAR CNR: KAHC010451662026 NC: 2026:KHC:42676 CRL.P No. 9704 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9704 OF 2026 BETWEEN: SRI ABHILASH @ ABHI S/O SRI C.B. BABU @ GAJENDRA BABU AGED ABOUT 33 YEARS RESIDING AT NO.23, NEAR V.G.S BAKERY SAPTAGIRI LAYOUT, MUNNEKOLLALA BENGALURU CITY - 560 037. …PETITIONER (BY SRI NAUSHAD PASHA, ADV.) AND: STATE OF KARNATAKA BY MARATHAHALLI P.S BANGALORE - 560 037 REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.383/2019 MARATHAHALLI P.S., C.C.NO.57688/2019 VIDE S.C.NO. 1814/2019 FOR THE ALLEGED OFFENCE P/US/ 448,307 OF IPC NOW PENDING ON THE FILE OF THE HONBLE LVII ADDL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BENGALURU CITY (CCH- 58) 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: KAHC010451662026 NC: 2026:KHC:42676 CRL.P No. 9704 of 2026 ORAL ORDER 1. Accused in SC No.1814/2019 pending before the Court of LVII Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Crime No.383/2019 registered by Marathahalli Police Station, Bengaluru, for the offences punishable under Sections 307 and 448 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 FIR in the present case was registered by Marathahalli Police Station, Bengaluru, against unknown persons based on the first information dated 16.09.2019 received from injured victim Ashik Hassan (CW1). During the course of investigation, petitioner was arrested on 18.09.2019 and subsequently, charge sheet was filed against him. He was granted regular bail by the Trial Court in SC No.1814/2019 by order dated 16.03.2020 and he was released from custody on 23.03.2020. It appears that subsequently petitioner had not appeared before the Trial Court in SC No.1814/2019 and therefore, - 3 - HC-KAR CNR: KAHC010451662026 NC: 2026:KHC:42676 CRL.P No. 9704 of 2026 coercive steps were taken against him and he was arrested and remanded to judicial custody on 08.10.2024. Bail application filed by him subsequently before the Trial Court was rejected on 08.06.2026. 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 the present case by the Trial Court. Only for the reason that petitioner had not appeared before the Trial Court on the regular dates of hearing, he was arrested and remanded to judicial custody on 08.10.2024. For the last more than 22 months, petitioner is in custody in a case where he was granted regular bail on merits of the case. For the mistake committed by the petitioner, he has been sufficiently punished. The order sheet of the Trial Court would go to show that, though charges have been framed in the present case on 02.12.2024, till date not even a single charge sheet witness has been examined. Even CW1, who is the injured, could not be traced and produced before Trial Court in spite of summons being issued to him by the Trial Court. Under the circumstances, the following order:- - 4 - HC-KAR CNR: KAHC010451662026 NC: 2026:KHC:42676 CRL.P No. 9704 of 2026 5. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.1814/2019 pending before the Court of LVII Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, arising out of Crime No.383/2019 registered by Marathahalli Police Station, Bengaluru, for the offences punishable under Sections 307 and 448 of IPC, subject to the following conditions: a) Petitioner shall execute a 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 - 5 - HC-KAR CNR: KAHC010451662026 NC: 2026:KHC:42676 CRL.P No. 9704 of 2026 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 60