- 1 - HC-KAR CNR: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12757 OF 2026 BETWEEN: MR. CHIKKA HANUMANTHAPPA @ K. KRISHNA @ KRISHNA S/O K. VENKAPPA AGED ABOUT 55 YEARS R/AT D.NO. 3-189-10-22 VIJAYANAGAR COLONY B.K. PALLI, MADANA PALLE ANNAMAYYA DISTRICT ANDHRA PRADESH - 517 325. …PETITIONER (BY SRI ASHWIN JOYSTON KUTINHA, ADV.) AND: STATE OF KARNATAKA THROUGH URWA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY IN C.C.NO.110/2026 PENDING ON THE FILE OF THE HONBLE JMFC (II COURT) MANGALURU D.K., ARISING OUT OF CRIME NO.113/1997 OF THE URWA POLICE STATION, MANGALURU FOR THE OFFENCE P/SU/ 460,396,400 OF IPC. 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: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 ORAL ORDER 1. Accused No.6 in C.C.No.110/2026 pending before the Court of JMFC (II Court) Mangaluru, Dakshina Kannada arising out of Crime No.113/1997 registered by Urwa Police Station, Mangaluru for the offences punishable under Sections 460, 396, 400 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 against unknown persons and during the course of investigation, some of the accused were arrested and charge sheet was filed against seven persons for the aforesaid offences. In the said charge sheet, petitioner was arrayed as accused No.6 and he was shown as absconding. Case as against the other accused persons was committed to the jurisdictional Sessions Court and accused Nos.1 to 5 named in the charge sheet were tried for the charge sheeted offences in the present case in S.C.No.728/2010. In the said case, accused Nos.1 to 5 have been acquitted by the - 3 - HC-KAR CNR: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 Trial Court by Judgment and order of acquittal dated 19.12.2019. 4. A reading of the judgment and order passed in S.C.No.728/2010 would reveal that accused Nos.7 and 8 in the present case were already acquitted in S.C.No.728/2010 by judgment and order dated 09.10.2012 while accused No.1 to 5 were convicted by the Trial Court. As against the said judgment and order of conviction passed against accused Nos.1 to 5 in S.C.No.728/2010 on 09.10.2012 they had approached this Court and this Court had allowed the criminal appeal filed by accused Nos.1 to 5 and remanded the matter to the trial Court. Subsequently, accused Nos.1 to 5 were also acquitted in S.C.No.728/2010 by judgment and order dated 19.12.2019. 5. The submission made by learned counsel for the petitioner that the judgment and order of acquittal passed against accused nos.1 to 5 in S.C.No.728 of 2010 dated 19.12.2019 has not been questioned by the State is not disputed by the learned HCGP. However, the learned HCGP has brought to the notice of this Court that petitioner is a person - 4 - HC-KAR CNR: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 with criminal antecedents and multiple criminal cases are pending against him. He has also brought to the notice of this Court that petitioner hails from Andhra Pradesh State and therefore, it would be difficult to secure his presence, in the event, he is enlarged on bail. 6. Accused Nos.1 to 5 and 7 and 8, who were tried for similar charges in the present case, have been already acquitted by the Trial Court and judgment and order of acquittal passed against the said accused had attained finality. The petitioner is in custody in the present case from 21.01.2026. Since the chances of petitioner being convicted in the present case is very remote his custody cannot be continued. However, since the learned HCGP has brought to the notice of this Court that the petitioner is a person with criminal antecedents, 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 (i) Criminal petition is allowed. - 5 - HC-KAR CNR: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 (ii) The petitioner is directed to be enlarged on bail in C.C.No.110/2026 pending before the Court of JMFC (II Court) Mangaluru, Dakshina Kannada arising out of Crime No.113/1997 registered by Urwa Police Station, Mangaluru for the offences punishable under Sections 460, 396, 400 of IPC, 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 (out of which one shall be local surety) 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; - 6 - HC-KAR CNR: KAHC010574042026 NC: 2026:KHC:50464 CRL.P No. 12757 of 2026 d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS,NMS List No.: 1 Sl No.: 67