- 1 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3400 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. SHIVARAJ K, S/O. KRISHNAPPA, AGED ABOUT 36 YEARS, R/AT NO.1, 3RD MAIN ROAD, ERANNANAPALYA, BENGALURU - 560 091. PREVIOUSLY RESIDING AT NO.217, 2ND MAIN ROAD, NEAR RAVINANDAN SCHOOL, BENGALURU - 560 079. (NOW IN JUDICIAL CUSTODY, CENTRAL PRISON, BENGALURU) &PETITIONER (BY SRI. TEJAS N., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 AND: STATE OF KARNATAKA BY KENGERI POLICE STATION, BENGALURU - 560 060 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01 &RESPONDENT (BY SRI.RANGASWAMY R.,LEARNED HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.324/2013 OF KENGERI P.S., FOR THE OFFENCES P/U/S 399 AND 402 OF IPC, PENDING BEFORE THE HON9BLE III ACMM, BENGALURU IN CC.NO.26721/2014 ON SUCH TERMS AND CONDITIONS, IN THE ENDS OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 ORAL ORDER 1. The petitioner/accused No.5 is before this Court seeking for grant of regular bail in C.C.No.26721/2014, arising out of Crime No.324/2013, pending on the file of III Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 399 and 402 of Indian Penal Code (for short, 8IPC9). Brief facts of the case: 2. The case of the prosecution is that on 11.10.2013 at about 06.00 p.m., the police inspector received credible information that near Ganapathi temple, five to six persons who were the associates of rowdy Gubbacchi Seena were hatching a plan and conspiring to commit dacoity against the passerby on the said road. Acting on the said information, C.W.1 along with C.Ws.2 and 3 and other staff members proceeded to the spot and kept surveillance from a distance. 3. It is stated that they have noticed five to six persons assembled in the said location with a Honda Dio Scooter bearing Reg.No.KA-02-HT-4155 and they were armed with deadly weapons in their hands, waiting to commit dacoity - 4 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 in the said area. C.W.1 and his team, apprehended accused Nos.1 to 4. However, the petitioner and another accused are stated to have escaped from their clutches. Therefore, the complainant registered the case and seized the deadly weapons and drawn mahazar in the presence of panch witness. The respondent-police after registering the case, conducted investigation and submitted the charge sheet. 4. Heard Sri. Tejas, learned counsel for the petitioner and Sri. Rangaswamy R, learned HCGP for respondent-State. 5. It is the submission of learned counsel for the petitioner that the petitioner had obtained bail and he was regularly appearing in another case before the Court of IX Add. District Sessions Judge, Bangalore Rural District, Bangalore in S.C. No. 159/2024. The petitioner was not present at the scene of occurrence. The other accused in the same crime number have already been acquitted after facing trial. 6. It is further submitted that the split up case has been registered against this petitioner, showing him as an absconder deliberately and intentionally in order to send him to judicial custody. Therefore, the petitioner may be enlarged on - 5 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 bail by imposing suitable conditions. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner had violated the conditions of the bail granted to him. The split up charge sheet has been filed against him. In case, if the petitioner is enlarged on bail, again there may be chances of committing similar offences or there may be chances of absconding from the case. Therefore, it is not appropriate to grant him bail. Making such submissions, learned HCGP for respondent - State prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it would indicate that the case is of year 2013. The case against the petitioner was split up in the year 2014. Subsequently, the petitioner did not turn up to the Court. Therefore, NBW was issued against him. The case has been considered as long pending case. On 10.02.2026, he has been secured through - 6 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 warrant. No doubt, since twelve years, the case has been pending for consideration. 9. Further, on going through the documents available on record and also the submission made by the learned counsel for the petitioner that the petitioner was in judicial custody in another case and he was regularly appearing before the Court of IX Additional District and Sessions Judge, Bangalore Rural District, Bangalore, it is appropriate to grant him bail by imposing suitable conditions. 10. Having considered the facts and circumstances of the case and also the inaction of the jurisdictional police in serving the summons to the petitioner, it is appropriate to grant him bail by imposing suitable conditions, Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in C.C.No.26721/2014, arising out of Crime No.324/2013, pending on the file of III Addl. Chief Metropolitan Magistrate, - 7 - HC-KAR NC: 2026:KHC:15782 CRL.P No. 3400 of 2026 Bengaluru for the aforesaid offences on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall mark his attendance before the jurisdictional police once in fifteen days on Saturday between 10.00 am to 2.00 pm, till conclusion of trial. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 52