Karnataka High Court
Sri Jayanna @ Jayarama vs State Of Karnataka on 6 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:19330
CRL.P No. 6605 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6605 OF 2025
BETWEEN:
SRI JAYANNA @ JAYARAMA
S/O GANGAIAH
AGED ABOUT 35 YEARS
R/AT MURANDI, HOSAHALLI
VILLAGE, ARASIKERE TALUK
HASSAN DISTRICT - 573 135
(NAME AND ADDRESS AS PER THE CHARGE SHEET)
(NAME AND ADDRESS AS PER AADHAR CARD)
SRI. RAMANNA GANGAPPA BHAVIMANI
S/O GANGAPPA, AGED ABOUT 72 YEARS
BUDARSINGI VILLAGE, ADARGUNCHI POST
HUBLI THALUK, DHARWAD DIST - 580 026.
...PETITIONER
(BY SRI ABHISHEK HUDDAR, ADV.)
AND:
Digitally
signed by
NANDINI M S STATE OF KARNATAKA
Location: BY SAKHARAYAPATNA POLICE
HIGH COURT STATION, REPRESENTED BY S.P.P
OF
KARNATAKA OFFICE, HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.23/1989
REGISTERED AS S.C.NO.19/2025, BY SAKHARAYAPATNA POLICE
STATION, FOR OFFENCE P/U/S 395 OF IPC, 1860, PENDING BEFORE
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU, WITH OR WITHOUT CONDITIONS.
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NC: 2025:KHC:19330
CRL.P No. 6605 of 2025
HC-KAR
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 S.C.No.19/2025 pending before the
Court of Principal District and Sessions Judge,
Chikkamagaluru District, arising out of Crime No.23/1989
registered by Sakharayapatna Police Station,
Chikkamagaluru District for offence punishable under
Section 395 of IPC is before this Court under Section 439
of IPC seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.23/1989 was registered by
Sakharayapatna Police Station, Chikkamagaluru District
against six persons and during the course of investigation,
some of the accused were arrested and after completing
investigation charge sheet is filed against four persons.
The petitioner is arraigned as accused No.1 in the charge
sheet. Since he was absconding case against him was split
up and the case against arrested accused namely accused
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Nos.2 and 3 was committed to the jurisdiction Court and
were tried in S.C.No.6/1990 in the split up case. Coercive
steps have taken as against accused and ultimately his
presence was secured on 01.02.2025 and on the said
date, he was remanded to judicial custody. Thereafter,
case against him has been committed to the jurisdictional
Sessions Court, which is now pending in S.C.No.19/2025.
Bail application filed by the petitioner in S.C.No.19/2025
before the Jurisdictional Sessions Court was rejected on
03.03.2025. Therefore, the petitioner is before this Court.
4. Learned counsel for the petitioner submits that
the petitioner was not at all aware of the present criminal
case registered against him. The petitioner, aged about 72
years has been arrested on 07.02.2025 and ever since he
is in custody. Accused Nos.2 and 3, who were tried in
S.C.No.6/1990 have been acquitted and the said judgment
and order of acquittal has attained finality. Accordingly, he
prays to allow the petition.
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5. Per contra, learned HCGP has opposed the
petition on the ground that the petitioner has been
absconding for the last more than thirty years and in the
event he is enlarged on bail it would be difficult to secure
his presence. Accordingly, she prays to dismiss the
petition.
6. Perusal of the material on record would go to
show that, FIR in the present case was initially registered
against unknown persons and after completing
investigation charge sheet has been filed against four
persons. The case against the petitioner was split up since
he was absconding and the case was committed insofar as
it relates to accused Nos.2 and 3 are concerned. Accused
Nos.2 and 3 who were tried for charge sheeted offences
before the committal Court in S.C.No.6/1990 were
acquitted by the judgment and order dated 08.11.1993.
Undisputedly, the said judgment and order has attained
finality. The petitioner aged about 72 years is in custody in
the split up case from 07.02.2025 onward. He has
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undertaken to cooperate with the Trial Court for the
purpose of expeditious disposal of the case pending
against him.
7. Considering the aforesaid aspects of the matter,
I am of the opinion that the prayer made by the petitioner
for grant of regular bail is required to be answered
affirmatively.
8. Accordingly, the following:-
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.19/2025 pending before the Court of Principal
District and Sessions Judge, Chikkamagaluru District,
arising out of Crime No.23/1989 registered by
Sakharayapatna Police Station, Chikkamagaluru District
for offence punishable under Section 395 of IPC, subject to
the following conditions:
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- with two
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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.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NMS
