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2026 DAILYLAW 41693 (KAR)

ROHAN, v. THE STATE OF KARNATAKA,

CRL.P/13167/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13167 OF 2026 BETWEEN: ROHAN, S/O. KUMARA, AGED ABOUT 23 YEARS, R/AT ADUVALLI, WARD NO.2, HASSAN - 573 201. PERMANENT ADDRESS A GUDUGANAHALLI, KOWSHIKA HOBLI, HASSAN TALUK, HASSAN - 573 201. …PETITIONER (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: THE STATE OF KARNATAKA, STATE BY HASSAN CITY POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.78/2024 ARISING OUT OF CR.NO.166/2022 REGISTERED BY HASSAN CITY POLICE STATION FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 OFFENCE P/U/S 399, 402 OF IPC SAME IS PENDING ON THE FILE OF THE III ADDL.DIST. AND SESSIONS COURT AT HASSAN. 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.78/2024 pending before the Court of the III Additional District and Sessions Judge, Hassan, arising out of Crime No.166/2022 registered by Hassan City Police Station, Hassan for the offences punishable under Sections 399 and 402 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. FIR in Crime No.166/2022 was registered by Hassan City Police Station, Hassan for the aforesaid offences, based on the first information dated 24.11.2022 - 3 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 received from Revanna, Police Officer, attached to Hassan City Police Station, Hassan. In the said case, the petitioner was arrested on 24.11.2022 and after filing of the charge sheet, he was granted regular bail by the Trial Court in S.C.No.78/2024 vide order dated 04.09.2025. It appears that subsequently, the petitioner had not appeared before the Trial Court on the regular dates of hearing and therefore, coercive steps were taken against him and his presence was secured before the Court on 02.07.2026. On the said date, he was remanded to judicial custody. His bail application filed thereafter before the Trial Court in S.C.No.78/2024 was rejected on 14.08.2026. Therefore, he is before this Court. 4. The petitioner, who was earlier arrested in the present case on 24.11.2022, was granted bail by the Trial Court after filing of the charge sheet vide order dated 04.09.2025. He is now arrested and remanded to judicial custody only for the reason that he had not appeared before the Trial Court on the regular dates of hearing. For - 4 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 the mistake committed by the petitioner by not appearing before the Trial Court on the regular dates of hearing, he has been sufficiently punished. 5. Learned High Court Government Pleader has brought to the notice of this Court that the petitioner is a person with criminal antecedents and therefore, in the event he is enlarged on bail at this stage, the possibility of he fleeing away from justice cannot be ruled out. Such apprehension can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following: O R D E R i) The Criminal Petition is allowed. ii) The petitioner is directed to be enlarged on bail in S.C.No.78/2024 pending before the Court of III Additional District and Sessions Judge, Hassan arising out of Crime No.166/2022 registered by Hassan City Police Station, Hassan for the offences punishable under Sections - 5 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 399 and 402 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; 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. - 6 - HC-KAR CNR: KAHC010594402026 NC: 2026:KHC:51455 CRL.P No. 13167 of 2026 f) The petitioner shall appear before the Station House Officer (S.H.O) of Hassan City Police Station on the third Sunday of every 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