- 1 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3220 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: BENAKESHA, S/O VEERAPPA, AGED ABOUT 38 YEARS, R/O BENAKANAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT - 577 224 …PETITIONER (BY SRI. H R SJOWRI AND KRISHNA KUMAR KK.,ADVOCATE) AND: THE STATE OF KARNATAKA BY NARASHIMHARAJAPURA POLICE STATION, NARASIMHHARAJAPURA TALUK, CHIKKAMAGALURU DIST – 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 HIGH COURT BUILDING BANGALORE – 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.118/2016 (ARISING OUT OF CR.NO.135/2015) REGISTERED BY THE NARASIMHARAJAPURA P.S. CHIKKAMAGALURU DIST. FOR THE OFFENCE P/U/S 395, 109, 397 OF IPC PENDING ON THE FILE OF II ADDL.DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU IN S.C.NO.118/2016, ON SUCH TERMS AND CONDITIONS DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, 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:14596 CRL.P No. 3220 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.4 in Crime No.135/2015 seeking regular bail for the offences punishable under Section 395 of Indian Penal Code, 1860 (for short I.P.C). Factual matrix of the case: 2. The case of the prosecution is that on 28.10.2015 at about 10.00 p.m., the accused Nos.1 to 5 went near the house of the complainant in a Maruthi Ertiga car which belongs to accused No.6. When the complainant opened the door, the accused Nos.4 and 5 enquired the price of rubber saplings and asked water for drinking. When the complainant went inside the house to bring water, accused Nos.2 to 5 entered into the house and demanded money. All the accused had taken T.V., Computer, charge light, Karbon mobile, computer’s CPU and also 2 induction stoves. It is further stated that the accused after having caused grievous injuries to the - 4 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 complainant, committed dacoity. Hence, the complaint. Based on the said complaint, the respondent – Police conducted investigation and submitted the charge-sheet. 3. Heard Sri. H.R. Showri, learned counsel appearing for Sri. Krishna Kumar K.K., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that a case has been registered against accused Nos.1 to 6. Trial Court after passing an order of committal, the petitioner and others had appeared before the Sessions Court and they were released on bail. However, the petitioner remained absent due to unavoidable circumstances. Hence, Non-Bailable Warrant (NBW) was issued against the petitioner. On 26.02.2023, the petitioner was produced before the Sessions Court through NBW and he has been remanded to judicial custody. Thereafter, an application for regular bail was moved - 5 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 before the Sessions Judge, on 26.06.2023, the same has been dismissed. Then, the petitioner had obtained bail by this Court and he had been enlarged on bail on 12.10.2023. 5. It is further submitted that the petitioner had remained absent. Therefore, his bail was cancelled and NBW was issued. The petitioner was produced before the Magistrate and he has been remanded to judicial custody on 11.07.2025. The bail application had been rejected. Hence, the petitioner is before this Court seeking regular bail. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submission learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that, this is one of the classic example to show that how the accused has misused the liberty given to him by the Trial - 6 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 Court. The petitioner herein remained absent before the Trial Court on several occasions. The petitioner has been secured through NBW. 7. It is further submitted that the offence is of the year 2015 and it has got delayed due to the non co- operation by the petitioner. If the petitioner is enlarged on bail, again there is a chance of absconding. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions learned High Court Government Pleader for respondent – State prays to reject the petition. 8. Heard learned counsel for the respective parties and perused the order of the Trial Court in rejecting the bail petition filed by the petitioner. On going through the averments of the case, it appears that the petitioner and others had committed an offence as stated in the charge sheet. It is the submission of the learned counsel for the petitioner that the petitioner has been in custody for a longer period. However, only two witnesses have - 7 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 been examined. None of the witnesses are coming forward to give their evidence. Moreover, identification parade has not taken place. Such being the fact, keeping the petitioner in judicial custody would not serve any purpose. Hence, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.135/2015 seeking for regular bail for the offences punishable under Section 395 of I.P.C., on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum of the satisfaction of the Trial Court. - 8 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates, without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. (vi) The petitioner shall furnish the correct address and also furnish the address proof issued by the concerned competent authority. (vii) The petitioner shall mark his attendance before the jurisdictional – Police once in 15 days till disposal of the case. - 9 - HC-KAR NC: 2026:KHC:14596 CRL.P No. 3220 of 2026 In case, if, 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 NM