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2026 DAILYLAW 43391 (KAR)

SREEDHARA @ GOMBE v. STATE BY KORATAGERE PS

CRL.P/14437/2026 · 2026-09-25

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010653452026 NC: 2026:KHC:53436 CRL.P No. 14437 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14437 OF 2026 BETWEEN: SREEDHARA @ GOMBE S/O PUTTARANGAIAH AGED ABOUT 21 YEARS R/A CN DURGA VILLAGE CN DURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT - 572 129. …PETITIONER (BY SRI G.M. SHARATHKUMAR, ADV.) AND: STATE BY KORATAGERE P.S TUMAKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANTAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN SC NO.5017/2026 (CR NO.262/2025) PENDING ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI ARISING OUT OF CRIME NO.262/2025 REGISTERED BY KORATAGERE POLICE STATION FOR THE OFFENCES P/U/S 115(2), 109, 351(2), 352 R/W 3(5) OF THE BNS 2023. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010653452026 NC: 2026:KHC:53436 CRL.P No. 14437 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in S.C.No.5017/2026 pending before the Court of IV Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.262/2025 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 115(2), 109, 351(2), 352 read with 3(5) of BNS, 2023, 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. The material on record would go to show that accused who was arrested in the present case at crime stage, had approached this Court in Crl.P.No.281/2026 which was allowed on 20.02.2026 by the coordinate bench of this Court. It appears that on 23.07.2025, the petitioner had not appeared before the Trial Court after committal of the case, and therefore, coercive steps were taken against him and his presence was secured before the Court on 13.08.2026 and on - 3 - HC-KAR CNR: KAHC010653452026 NC: 2026:KHC:53436 CRL.P No. 14437 of 2026 the said date, he was remanded to judicial custody. His bail application filed thereafter before the Trial Court was rejected. Therefore, petitioner is before this Court. 4. The order sheet of the Trial Court made available to this Court would reflect that petitioner had absented himself before the Trial Court on 23.07.2025, and therefore, the Trial Court had issued non-bailable warrant against him and his presence was secured on 13.08.2026. His bail application filed thereafter was rejected by the learned Sessions Judge. However, the fact remains that on the merits of the case, petitioner was earlier granted bail and for the reason that he was absent on the date of hearing before the Trial Court, he has been now remanded to custody. For the mistake committed by the petitioner, he has been sufficiently punished. He has undertaken to cooperate before the Trial Court for speedy disposal of the case. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: - 4 - HC-KAR CNR: KAHC010653452026 NC: 2026:KHC:53436 CRL.P No. 14437 of 2026 5. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5017/2026 pending before the Court of IV Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.262/2025 registered by Koratagere Police Station, Tumakuru, for the offences punishable under Sections 115(2), 109, 351(2), 352 read with 3(5) of BNS, 2023, subject to the following conditions: a) 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 - 5 - HC-KAR CNR: KAHC010653452026 NC: 2026:KHC:53436 CRL.P No. 14437 of 2026 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK