Praveen @ Motu v. The State of Karnataka

O R D E R

The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in SC No.146 of 2025 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.441 of 2020 registered by Tunga Nagar Police Station, Shivamogga for the offences punishable under Section 504, 341, 324, 506, 353 and 307 read with Section 34 of IPC, 1860, subject to the following conditions:

a) The 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 of the said Court until the case registered against him is disposed off.

f) The petitioner shall appear before the Station House Officer (S.H.O) of Tunga Nagar Police Station on every Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance for a period of one year from the date he is released from custody.

Sd/- (S VISHWAJITH SHETTY) JUDGE

AMM List No.: 1 Sl No.: 66

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12959 OF 2026 BETWEEN: PRAVEEN @ MOTU S/O SHIVAMURTHY @ MURTHY AGE ABOUT 23 YEARS OCCUPATION: LABOUR WORK RESIDING AT OPP. DECCAN LORRY OFFICE, SAVARLANE ROAD, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: THE STATE OF KARNATAKA BY TUNGANAGARA POLICE STATION, SHIVAMOGGA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S 483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH CRIME NO.441/2020 OF by ANNAPURNA G Location: High Court of Karnataka TUNGANAGARA POLICE STATION, SHIVAMOGGA, NOW PENDING ON THE FILE OF THE I ADDL SESSIONS JUDGE, SHIVAMOGGA AS S.C.NO.146/2025 FOR THE OFFENCE P/US/ 504, 341, 324, 506, 353 AND 307 R/W SEC.34 OF IPC 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in SC No.146 of 2025 pending before the Court of I Additional District and Sessions Judge, Shivamogga, arising out of Crime No.441 of 2020 registered by Tunga Nagar Police Station, Shivamogga for the offences punishable under Section 504, 341, 324, 506, 353 and 307 read with Section 34 of IPC, 1860, 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. Perusal of the material on record would go to show that FIR was registered in the present case against the petitioner and two others, based on first information dated 18.10.2020 received from Aruna K.M., who is the injured victim in the present case. During the course of investigation, the petitioner was arrested on 21.10.2020 and remanded to judicial custody. He was thereafter granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.1080 of 2020 vide order dated 13.11.2020. It appears that subsequently the case was committed to the jurisdictional Sessions Court and numbered as SC No.146 of 2025. Since the petitioner had not appeared before the Trial Court in the aforesaid case, non-bailable warrant was issued against him and his presence was secured before the Court on 14.05.2026 and on the same day, he was remanded to judicial custody. His bail application filed, thereafter before the jurisdictional Sessions Court in Crl.Misc.No.582 of 2026 was rejected on 30.06.2026. Therefore, he is before this Court. 4. It is not in dispute that the petitioner who was arrested in the present case was granted regular bail by the jurisdictional Sessions Court at crime stage subsequently, investigation of the case is completed and charge sheet is filed against three persons. 5. Material on record would go to show that the petitioner herein had voluntarily surrendered before the Trial Court initially in the year, 2020 and thereafter, he was granted regular bail in the present case. Only for the mistake committed by the petitioner by not appearing before the Trial Court on regular dates of hearing, he has been now arrested and remanded to judicial custody for the last more than 4 months. For the mistake committed by the petitioner, he has been sufficiently punished. 6. Learned High Court Government Pleader brings to the notice of this Court that the petitioner is a person with criminal antecedents. 7. Under the 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. Accordingly, the following: