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2026 DAILYLAW 40767 (KAR)

K SUBRAMANI v. STATE OF KARNATAKA

CRL.P/12421/2026 · 2026-09-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12421 OF 2026 BETWEEN: K. SUBRAMANI S/O KRISHNAPPA, AGED ABOUT 39 YEARS, R/AT ANANTHPURA VILLAGE, YELAHANKA HOBLI, BENGALURU - 560 063, PERMANENT AT CHOKKANATHAM VILLAGE, KUPPAM MANDALAM, CHITTUR DISTRICT, ANDRA PRADESH - 517 001. …PETITIONER (BY SRI. BASAVARAJU T.A, ADVOCATE) AND: STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE OF PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDI, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN NO.52/2012 OF YELAHANKA NEW TOWN POLICE STATION BANGALORE CITY FOR AN OFFENCES P/U/S 498(a), 304(B) R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF THE HONBLE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY (CCH-46) IN SC NO.900/2012. 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 in S.C.No.900/2012 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) arising of Crime No.52/2012 registered by Yelahanka New Town Police Station, Bengaluru City for the offences punishable under Sections 498(A), 304(B) read with Section 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 - HC-KAR CNR: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 of 2026 3. Perusal of the material on record would go to show that the petitioner was arrested in the present case at the crime stage and was subsequently granted regular bail by the jurisdictional Court of Sessions Judge in Crl.Misc.No.3160/2012 vide order dated 13.07.2012. Thereafter, the case was committal to the Court of jurisdictional Sessions Judge and numbered in S.C.No.900/2012. For the reason that the petitioner had not appeared before the trial Court in S.C.No.900/2012, coercive steps were taken against him and his presence was secured on 19.03.2025 and was remanded to judicial custody. His bail application thereafter filed before the trial Court in S.C.No.900/2012 was dismissed on 03.08.2026. It is under these circumstances, the petitioner is before this Court. 4. Material on record would go to show that the petitioner who was earlier arrested in the present case was granted regular bail by the jurisdictional Sessions Court after the charge sheet was filed. Subsequently, the case - 4 - HC-KAR CNR: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 of 2026 was committed to the jurisdictional Sessions Court and numbered in S.C.No.900/2012. 5. It is not in dispute that the petitioner has no other criminal antecedents. For the reason that the petitioner had not appeared before the trial Court in S.C.No.900/2012, his presence was secured and he was remanded to judicial custody on 19.03.2025. For the mistake committed by the petitioner, by not appearing before the trial Court, he has been sufficiently punished. He has undertaken to cooperate before the trial Court for early disposal of the case. 6. Considering the aforesaid aspects, 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: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 of 2026 ii) The petitioner is directed to be enlarged on bail in S.C.No.900/2012 pending before the Court of XLV Additional City Civil and Sessions Judge, Bengaluru City (CCH-46) arising out of Crime No.52/2012 registered by Yelahanka New Town Police Station, Bengaluru City for the offences punishable under Sections 498(A), 304(B) read with Section 34 of IPC 1860, is before this Court in this petition filed under Section 483 of BNSS 2023, 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; - 6 - HC-KAR CNR: KAHC010560482026 NC: 2026:KHC:49681 CRL.P No. 12421 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. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 78