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Judgment
Accused No.3 in SC No.17/2022 pending before the Court of I Addl. District and Sessions Judge, Shivamogga, arising out of Crime No.65/2021 registered by Tunga Nagar Police Station, Shivamogaa, for the offences punishable under Sections 143, 144, 147, 148, 109, 324, 307, 448, 506, 120B, 326, 397 and 149 of IPC, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
Perusal of the material on record would go to show that petitioner, who was arrested in the present case was granted regular bail by the Trial Court in Crl.Misc.No.1089/2025 and he was released from custody on 25.11.2025. It appears that subsequently on the date of appearance before the Trial Court, petitioner had not appeared and therefore, coercive steps were taken against him and his presence was secured on 11.02.2026 and on the said date, he was remanded to judicial custody. His bail application filed before the Trial Court thereafter, was rejected. Therefore, petitioner is before this Court.
It is not in dispute that petitioner has no other criminal antecedents. On the merits of the case, petitioner was earlier granted regular bail in the present case. For the reason that petitioner had not appeared before the Trial Court on the regular dates of hearing, his presence was secured and he is now remanded to judicial custody. For the mistake committed by the petitioner, he has been sufficiently punished. He has undertaken to cooperate before the Trial Court for speedy disposal of the case. Under the circumstances, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.17/2022 pending before the Court of I Addl. District and Sessions Judge, Shivamogga, arising out of Crime No.65/2021 registered by Tunga Nagar Police Station, Shivamogaa, for the offences punishable under Sections 143, 144, 147, 148, 109, 324, 307, 448, 506, 120B, 326, 397 and 149 of IPC, subject to the following conditions:
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;
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;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
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.