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2026 DAILYLAW 40025 (KAR)

SRI. VISHNU.K. BOJA v. STATE OF KARNATAKA

CRL.P/11508/2026 · 2026-09-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11508 OF 2026 BETWEEN: SRI VISHNU K BOJA S/O LATE KRISHNAPPA AGED ABOUT 27 YEARS R/AT NO.361, 5TH AVENUE 7TH MAIN ROAD, KUMARSWAMY LAYOUT, BENGALURU - 560 078. …PETITIONER (BY SRI RAMESHA H.N, ADV.) AND: STATE OF KARNATAKA BY BASAVANAGUDI P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SC.NO.573/2019 ARISING OUT OF CR.NO.374/2017 REGISTERED BY BASAVANAGUDI P.S., FOR THE OFFENCES P/U/S 143,147,148,427,307,120(B),149 OF IPC, 1860, U/S 25 OF ARMS ACT, ,1959, U/S 2 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981, PENDING BEFORE THE HONBLE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-62) 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: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 ORAL ORDER 1. Accused no.1 in S.C.No.573 of 2019 pending before the Court of LXI Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.374 of 2017 registered by the Basavanagudi Police Station, Bengaluru City for offences punishable under Sections 143, 147, 148, 427, 307, 120-B R/w 149 of IPC and Sections 25 of Indian Arms Act, 1959 and Section 2 of Prevention of Destruction and Loss of Property Act, 1981 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. Petitioner was arrested in the present case on 11.12.2017 at crime stage. He was subsequently granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.4000 of 2018 by order dated 08.06.2018. After filing of the charge sheet, the case was committed to the jurisdictional Sessions Court and numbered in S.C.No.573 of 2019. In the said case, non-bailable warrant was issued against the petitioner and his presence was secured on 13.07.2026 and - 3 - HC-KAR CNR: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 on the said day he was remanded to judicial custody. His bail application filed thereafter before the Trial Court in S.C.No.573 of 2019 was rejected on 25.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that, the petitioner who was granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.4000 of 2018 was subsequently arrested and remanded to judicial custody on 13.07.2026. Vide order 02.05.2026 passed in Crl.Misc.No.10017 of 2025 by the Trial Court, the bail granted to the petitioner in Crl.Misc.No.4000 of 2018 was cancelled. It appears that after the petitioner was released on bail in Crl.Misc.No.4000 of 2018, he was arrested in a murder case registered by Kamakshipalya Police Station. It is in this background, it appears that his bail granted in Crl.Misc.No.4000 of 2018 was cancelled by the Trial Court vide order dated 02.05.2026 in Crl.Misc.10017 of 2025. 5. Learned counsel for the petitioner has produced copy of judgment in S.C.No.1284 of 2022 which would go to - 4 - HC-KAR CNR: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 show that in the murder case that was registered against the petitioner in the year 2020 by Kamakshipalya Police Station, he has been acquitted vide judgment and order dated 18.01.2025. It is only after the said judgment and order of acquittal was passed, without noticing the same, the Presiding Officer appears to have cancelled the bail granted to the petitioner in Crl.Misc.No.4000 of 2018. Learned HCGP has brought to the notice of this Court that the petitioner is a person with criminal antecedents and he has got multiple criminal cases registered against him. 6. Be that as it may, fact remains that on the merits of the case, the petitioner was earlier granted regular bail by the jurisdictional Sessions Court in the present case and only for the aforesaid reason, he has been now remanded to judicial custody. 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. ORDER (i) Criminal petition is allowed. - 5 - HC-KAR CNR: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 (ii) The petitioner is directed to be enlarged on bail in S.C.No.573 of 2019 pending before the Court of LXI Additional City Civil & Sessions Judge, Bengaluru arising out of Crime No.374 of 2017 registered by the Basavanagudi Police Station, Bengaluru City for offences punishable under Sections 143, 147, 148, 427, 307, 120-B R/w 149 of IPC and Sections 25 of Indian Arms Act, 1959 and Section 2 of Prevention of Destruction and Loss of Property Act, 1981, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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. - 6 - HC-KAR CNR: KAHC010525282026 NC: 2026:KHC:50218 CRL.P No. 11508 of 2026 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 of, Basavanagudi Police Station on every first and third Sunday of the month between 10.00 a.m and 1.00 p.m, and mark attendance for a period of one year from the date of his release from the custody. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 57