- 1 - HC-KAR CNR: KAHC010454222026 NC: 2026:KHC:42456 CRL.P No. 9709 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. 9709 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: DHARMA @ RAJA S/O KURUDA TIPPANNA AGED ABOUT 50 YEARS R/AT, CHIKKABBIGERE DODDABBIGERE CHANNAGRIRI DAVANAGERE DISTRICT-01 …PETITIONER (BY MS. PAVANA.B.K., ADVOCATE FOR SRI. PRATHEEP.K.C.,ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY UDUPI TOWN POLICE STATION, UDUPI DISTRICT. REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454222026 NC: 2026:KHC:42456 CRL.P No. 9709 of 2026 TO ALLOW THIS PETITION AND GRANT BAIL IN C.C NO.1401/2024 (CR NO.170/2008) PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC UDUPI FOR THE OFFENCES P/U/S 332, 353, 506, R/W 34 OF IPC BY UDUPI TOWN POLICE STATION IN THE INTEREST OF JUSTICE AND EQUITY. 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.1 in CC No.1401/2024 pending before the Court of Principal Civil Judge and JMFC, Udupi, arising out of Crime No.170/2008 registered for the offences punishable under Sections 332, 353, 506 read with 34 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. A perusal of the material on record would go to show that in the charge sheet which is filed against the accused persons, the petitioner is shown as absconding. Therefore, a split up case was registered against him in CC No.3790/2009 and in the - 3 - HC-KAR CNR: KAHC010454222026 NC: 2026:KHC:42456 CRL.P No. 9709 of 2026 said case, the petitioner had voluntarily appeared before the Trial Court on 01.02.2014 and he was granted regular bail under Section 437 of Cr.PC. Subsequently, he had not appeared before the trial Court in CC No.3790/2009 and therefore, coercive steps were taken against him. In the meantime, CC No.3790/2009 was transferred to the Court of Principal Civil Judge and JMFC, Udupi and renumbered as CC No.1401/2014. In the said case, the petitioner was arrested and remanded to judicial custody on 17.05.2006. His bail application before the learned Magistrate was rejected on 19.05.2026. Thereafter, he had approached the jurisdictional Sessions Court in Crl.Misc.No.242/2026, which was rejected on 18.06.2026. Therefore, he is before this Court. 4. The petitioner was granted regular bail in the present case on merits by the jurisdictional Court of Magistrate after he had voluntarily surrendered before the Court. Only for the reason that subsequently, the petitioner had not appeared before the trial Court, coercive steps were taken against him and he has been now arrested and remanded to judicial custody on 17.05.2026. - 4 - HC-KAR CNR: KAHC010454222026 NC: 2026:KHC:42456 CRL.P No. 9709 of 2026 5. Learned Additional State Public Prosecutor has fairly brought to the notice of this Court that accused Nos.2 and 3, who were tried for the charge sheeted offences in the present case, have been acquitted and the said judgment and order of acquittal has attained finality. 6. Learned counsel for the petitioner has brought to the notice of this Court that in the only other case registered against him, the petitioner is acquitted. 7. 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 The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.170/2008 registered for the offences punishable under Sections 332, 353, 506 read with 34 of IPC, 1860, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR CNR: KAHC010454222026 NC: 2026:KHC:42456 CRL.P No. 9709 of 2026 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 their 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 61