- 1 - NC: 2025:KHC:5627 CRL.P No. 417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 417 OF 2025 BETWEEN: RUDRESH S/O MAREGOWDA, AGED ABOUT 38 YEARS, R/O MAGADI MAIN ROAD, DASANAPURA HOBLI, KADABAGERE, BENGALURU NORTH TALUK, BENGALURU - 562 130. …PETITIONER (BY SRI. K V SATEESHCHANDRA.,ADVOCATE) AND: STATE BY TAVAREKRE POLICE STATION, TAVAREKERE TALUK, RAMANAGARA DISTRICT - 562 159. REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5627 CRL.P No. 417 of 2025 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.7082/2022 (CRIME NO.348/2022) ON THE FILE OF THE 2nd ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, MAGADI RAMANAGARA DISTRICT FOR THE ALLEGED OFFENCE P/US/ 399 AND 402 OF IPC REGISTERED BY TAVAREKERE POLICE STATION; THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA HAS REJECTED THE BAIL PETITION ON 04.01.2025 IN CRL.MISC.NO.1075/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused material on record. 2. Crime No.348/2022 is registered against accused Nos.1 to 5 for the offence punishable under Sections 399 - 3 - NC: 2025:KHC:5627 CRL.P No. 417 of 2025 and 402 of Indian Penal Code,1860 [for short, 'IPC']. The petitioner is arraigned as accused No.5. 3. It is the case of prosecution that the accused had assembled at Gangappanahalli cross on Bengaluru-Magadi Main Road, Taverekere Hobli, Bengaluru armed with iron rods, clubs and chilly powder and making preparation to commit dacoity. 4. The complainant/PSI of Tavarekere Police Station, along with other Police officials and panchas, went to the spot on receiving the credible information about the accused persons. On seeing the police, three of the accused escaped from the spot. From the arrested accused Nos.1 and 2, two rods, two clubs and a packet of chilly powder were seized. 5. It appears, on the voluntary statements of the arrested accused, accused Nos.3 to 5 are named as accused in the First Information Report. - 4 - NC: 2025:KHC:5627 CRL.P No. 417 of 2025 6. Charge sheet is filed showing petitioner/accused No.5 as absconding. Non-bailable Warrant [NBW] issued against him is pending. Learned Sessions Judge has rejected his petition seeking anticipatory bail holding that there are prima facie materials placed on record establishing his involvement in the commission of alleged offence. However, at this stage, except the voluntary statement, there are no materials placed on record to show the complicity of petitioner. Since NBW is issued, the petitioner may be directed to appear before the jurisdictional Magistrate and seek for recalling of NBW. 7. Accordingly, the following:- ORDER Petitioner/accused No.5 in Crime No.348/2022 of Tavarekere Police Station pending in CC No.7082/2022 on the file of the Court of the II Additional Civil Judge [Junior Division] and JMFC is directed to appear before the jurisdictional Magistrate within 15 [fifteen] days from today and file necessary application for recalling the NBW - 5 - NC: 2025:KHC:5627 CRL.P No. 417 of 2025 and for bail and in that event, the learned Magistrate shall enlarge him on bail on such terms and conditions which he may deem fit in the facts and circumstances of the case. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 13