Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9485 OF 2026 BETWEEN:
SHERU S/O SHABBIR, AGED ABOUT 28 YEARS, R/AT SRINAGARA, BEHIND HASSAN JAIL HASSAN TOWN - 573 201 …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND:
STATE OF KARNATAKA BY HASSAN TOWN POLICE STATION, RACE COURSE ROAD, HASSAN CITY HASAN - 573 201.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL KAI K, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL U/S.483 OF BNS 2023 IN CRIME NO.107/2022 OF
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
HASSAN TOWN POLICE STATION, NOW PENDING AS S.C.NO.172/2024 ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS JUDGE, HASSAN, FOR THE OFFENCES P/U/S 323, 354B, 504, 506 AND 307 R/W 34 OF IPC.
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.2 in S.C.No.172/2024 pending before the Court of III Additional District and Sessions Judge, Hassan arising out of Crime No.107/2022 registered by Hassan City Police Station, Hassan for the offences punishable under Section 323, 354(B), 504, 506, 307 read with Section 34 of the Indian Penal Code, 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 -
HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
3. A perusal of the material on record would reveal that the petitioner, who was arrayed as accused No.2 in the FIR registered in the present case, was granted anticipatory bail by the jurisdictional Court of Sessions Judge, Hassan vide order dated 20.08.2022 passed in Crl.Misc.No.978/2022. After completing the investigation, charge sheet is filed in the present case against three persons, and the petitioner is arrayed as accused No.2 in the charge sheet. After committal of the case before the jurisdictional Court of Sessions Judge, Hassan, the petitioner had appeared in S.C.No.172/2024. However, in the month of January, 2025, he had not appeared before the trial Court in S.C.No.172/2024 and, therefore, NBW was issued against him. His presence was subsequently secured before the trial Court in S.C.No.172/2024 on 12.01.2026 and, on the said date, he was remanded to judicial custody. His bail application filed thereafter before the trial Court was rejected. Therefore, he is before this Court. - 4 -
HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
4. It is not in dispute that the injured victim had suffered a simple injury in the incident in question. It is under these circumstances that the petitioner was granted anticipatory bail in the present case by the jurisdictional Court of Sessions Judge, Hassan. The petitioner is now arrested and remanded to judicial custody for the reason that he had not appeared before the trial Court on the regular dates of hearing. For the mistake committed by the petitioner, he has been sufficiently punished. It is brought to the notice of this Court that the petitioner is a person with criminal antecedent. 5. 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:
O R D E R
i) The Criminal Petition is allowed. - 5 -
HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
ii) The petitioner is directed to be enlarged on bail in S.C.No.172/2024 pending before the Court of III Additional District and Sessions Judge, Hassan arising out of Crime No.107/2022 registered by Hassan City Police Station, Hassan for the offences punishable under Section 323, 354(B), 504, 506, 307 read with Section 34 of the Indian Penal Code, 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 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;
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HC-KAR
CNR: KAHC010447112026 NC: 2026:KHC:48843 CRL.P No. 9485 of 2026
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 Hassan City Police Station on every first Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly for a period of one year from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE
SHS List No.: 1 Sl No.: 26