Krishnegowda Vs the State of Karnataka

THE STATE OF KARNATAKA BY POLICE INSPECTOR, K.R. SAGARA POLICE STATION, MANDYA DISTRICT-571507 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001.

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…RESPONDENT

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(BY SRI RANGASWAMY R., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING GRANT THE REGULAR BAIL IN SPL.CASE NO.108/2025 REGISTERED BY THE POLICE INSPECTOR K.R.SAGARA P.S., FOR THE OFFENCES P/U/S 379, 511 OF IPC WITH SECTION 136 OF ELECTRICITY ACT, PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS COURT, AT MANDYA.

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NC: 2025:KHC:26431 CRL.P No. 9251 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Special Case No.108/2025 pending before the Court of I Addl. District and Sessions Judge, Mandya, arising out of Crime No.37/2006 registered by K. R. Sagara Police Station, Pandavapura Taluk, Mandya, for the offences punishable under Sections 379 and 511 of IPC and Section 136 of the Electricity Act, 2003, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Learned counsel for the petitioner submits that petitioner

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is an agriculturist having no other criminal antecedents. On the merits of the case, he was earlier granted regular bail and for the reason that he had not appeared before the Trial Court on regular dates of hearing, he has been now secured on 15.04.2025 and remanded to judicial custody.

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Per contra, learned HCGP has opposed the petition and submits that in the event he is enlarged on bail, he is likely to

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HC-KAR

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flee away from justice. Accordingly, he prays to dismiss the petition.

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Perusal of the material on record would go to show that petitioner has been charge sheeted in the present case for the offences punishable under Sections 379, 511 of IPC and Section 136 of the Electricity Act, 2003. Petitioner was earlier granted regular bail by the Court of jurisdictional Magistrate. Since petitioner had not appeared before the Court after he was released on bail, a split-up case was registered against him and in the said case, his presence was secured on 15.04.2025 and on the said day, he was remanded to judicial custody. The case as against the petitioner is now committed to jurisdictional Sessions Court and is numbered as Special Case No.108/2025. Undisputedly, petitioner has no other criminal antecedents and on the merits of the case, he was earlier granted regular bail. For the reason that he had not appeared before the Trial Court,

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his presence was secured and he was remanded to judicial custody. For the mistake committed by him by not appearing before the Trial Court, he has been substantially punished. Petitioner, who is aged about 50 years, is an agriculturist by

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HC-KAR

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avocation and is in custody for the last more than three months. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs 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 Special Case No.108/2025 pending before the Court of I Addl. District and Sessions Judge, Mandya, arising out of Crime No.37/2006 registered by K. R. Sagara Police Station, Pandavapura Taluk, Mandya, for the offences punishable under Sections 379 and 511 of IPC and Section 136 of the Electricity Act, 2003, subject to the following conditions:

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a) Petitioner shall execute a 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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NC: 2025:KHC:26431 CRL.P No. 9251 of 2025

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