Mr Sagar P Vs State by

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.4/2022 IN C.C.NO.21341/2022 FOR THE OFFENCE P/US/ 399,402 OF IPC AND SEC.25-1(B)(b) OF ARMS ACT OF THE RESPONDENT RMC YARD POLICE STATION, BENGALURU PENDING ON THE FILE OF THE LIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-60), BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:11212 CRL.P No. 3290 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.4/2022 registered by RMC Yard Police Station, Bengaluru City, for the offences punishable under Sections 399, 402 IPC and Section 4, 25-1(B)(b) of Arms Act, 1959, is before this Court under Section 439 Cr.PC seeking regular bail.

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Heard the learned Counsel for the parties.

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Learned Counsel for the petitioner submits that on the merits of the case, petitioner was granted anticipatory bail by the jurisdictional Sessions Court in Crl. Misc. No.865/2022 disposed of on 02.02.2022. For the reason that he had not appeared before the committal court after charge sheet was filed, NBW was issued against him and his presence was secured on 27.01.2025 and remanded to judicial custody. He has no criminal antecedents. Accordingly, he prays to allo the petition.

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Per contra, learned HCGP who has opposed the petition, does not dispute the submissions made by the learned Counsel for the petitioner.

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NC: 2025:KHC:11212 CRL.P No. 3290 of 2025

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Perusal of the material on record would go to show that petitioner was granted anticipatory bail in the present case by the jurisdictional Sessions Court in Crl. Misc. No.865/2022 disposed of on 02.02.2022. Thereafter, investigation was completed and charge sheet was filed. For the reason that the petitioner had not appeared before the committal court after charge sheet was filed, NBW was issued against him and his presence was secured on 27.01.2025 and remanded to judicial custody. On the merits of the case, undisputedly petitioner has been granted anticipatory bail in the present case. For the mistake committed by the petitioner by not appearing before the committal court, he has been sufficiently punished. Undisputedly, petitioner does not have any criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.4/2022 registered by RMC Yard Police Station, Bengaluru City, for the offences punishable

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NC: 2025:KHC:11212 CRL.P No. 3290 of 2025

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under Sections 399, 402 IPC and Section 4, 25-1(B)(b) of Arms Act, 1959, subject to the following conditions:

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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;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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SD /- (S VISHWAJITH SHETTY) JUDGE

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KK

Mr Sagar P v. State by

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Mr Sagar P v. State by

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