Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8495 OF 2025 BETWEEN: CHALAPATHI @ M CHALAPATHI S/O MUNIYAPPA AGED ABOUT 38 YEARS R/AT MV BADAVANE GANGAMMANAGUDI ROAD 3RD CROSS HOSAKOTE TOWN - 560 067. (IN JUDICIAL CUSTODY) …PETITIONER (BY SMT. SWATHI R BHAT, ADV., FOR SMT. JAYANTHI R.,ADVOCATE) AND: STATE OF KARNATAKA BY HOSAKOTE POLICE STATION
Digitally REP BY STATE PUBLIC PROSECUTOR signed by HIGH COURT OF KARNATAKA NANDINI M S BANGALORE - 560 001. Location: …RESPONDENT HIGH COURT OF (BY SMT. ASMA KAUSER, ADDL. SPP) KARNATAKA
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASED ON BAIL IN CONNECTION WITH CR.NO.219/2012 (S.C.NO.18/2020)FOR THE OFFENCE P/U/S 341,307,504,506 R/W 34 OF IPC WHICH IS PENDING BEFORE THE HONBLE COURT OF VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU PERTAINING TO THE HOSAKOTE P.S.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY -2-
ORAL ORDER
Accused No.1 in S.C.No.18/2020 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District arising out of in Crime No.219/2012 registered by Hosakote Police Station, Bengaluru District, for the offences punishable under Sections 341, 307, 504, 506 R/w 34 of IPC is before this Court under Section 483 of BNS, 2023 seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. Learned counsel for the petitioner submits that
on the merits of the case the petitioner was already enlarged on bail in the present case. For the reason that he had not appeared before the Trial Court on the regular dates of hearing he is now taken to custody on 13.03.2025 and remanded to judicial custody. Accordingly, he prays to allow the petition.
4. Learned Addl. SPP, for respondent has opposed the petition. She submits that the petitioner is a person -3- with criminal antecedents and it would be difficult to secure his presence in the event he is enlarged on bail. Accordingly, she prays to dismiss the petition.
5. Perusal of the material on record would go to
show that, the petitioner, who was arrested in the present case was initially granted regular bail at crime stage. After the case was committed to the jurisdictional Court the
same was numbered in S.C.No.18/2020 and after committal, the petitioner was granted bail by the Trial Court on 16.03.2020. For the reason that the petitioner had not appeared before the Trial Court on the regular dates of hearing, NBW was issued against the petitioner and his presence was secured on 13.03.2025. On the said date, he was remanded to judicial custody.
6. It is not in dispute that in earlier criminal case
registered against the petitioner he is on bail. Insofar as the present case is concerned he was granted regular bail on the merits of the case and only for the reason that he had not appeared before the Trial Court on the regular -4- dates of hearing his presence was secured and he is now remanded to judicial custody. Under these circumstances, 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.
7. Accordingly, the following:
ORDER
Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.18/2020 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District arising out of in Crime No.219/2012 registered by Hosakote Police Station, Bengaluru District, for the offences punishable under Sections 341, 307, 504, 506 R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the -5-
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 mark his attendance before the SHO of Hosakote Police Station, Bengaluru District between 10.00 a.m, and 1.00 p.m, on first and third Sunday of the month, till case against him is disposed of.
In the event the petitioner violates any one of the above mentioned condition, the prosecution is at liberty to seek cancellation of bail. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS