- 1 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 432 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: VIJAYARAJ @ VIJI S/O GOVINDARAJU AGED ABOUT 46 YEARS, R/AT NO.21, 6TH CROSS, AMBEDKANARGE, SRIRAMPURAM, BENGALURU-560 021. …PETITIONER (BY SRI. SRIVASTHAVA H.K., ADVOCATE) AND: THE STATE OF KARNATAKA J.P NAGARA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALURU-560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 (FILED U/S.483 BNSS) OF CR.PC PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN C.C.NO.5049/1999 IN CR.NO.557/1995 REGISTERED BEFORE THE J.P.NAGAR POLICE STATION FOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 THE OFFENCE P/US/ 395 OF IPC PENDING ON THE FILE OF II ACMM COURT AT BENGALURU. 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 the material on record. 2. Petitioner is arrested on 20.12.2024 in connection with a case registered in Crime No.557/1995 at J.P. Nagar Police Station, for offences punishable under Section 395 of IPC. 3. In brief, case of prosecution is that on 22.11.1995 at about 13:45 hours, accused persons entered one Annapoorneshwari Bar and Restaurant situated at 9th Cross, KSRTC Layout, J.P Nagar, Bengaluru and threatened the cashier brandishing a knife and - 3 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 chopper and robbed the cash, whiskey bottles, gold rings and fled away from the spot. 4. Charge sheet is filed against the accused for the offence punishable under Section 395 of IPC. Since the accused remained absent before the Trial Court after obtaining bail, the Trial Court issued NBW on number of occasions. Learned Magistrate submitted the case file to the Long Pending Registry. Thereafter, on execution of the NBW, police have arrested the petitioner on 20.12.2024 and produced before the Court. Learned Magistrate has remanded him to judicial custody. 5. The learned Sessions Judge has rejected the prayer for bail on the ground that the alleged incident took place on 22.11.1995 and after a period of almost 30 years, petitioner is secured under NBW. He has remained absent before the Trial Court after obtaining bail and therefore, if he is released on bail, he will tamper the prosecution witnesses and there is also likelihood of absconding and in that event it will cause much delay in the disposal of the case. - 4 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 6. FIR is registered against 4 unknown persons. The learned counsel for petitioner has drawn the attention of the Court to the order sheet of the Committal Court dated 03.10.2022, wherein it is stated that the accused were released by the concerned police. Subsequently, the accused have failed to appear before the Court and therefore, NBW were issued against them and the case was transferred to Long Pending Registry. 7. Police have filed charge sheet for the offence punishable under Section 395 of IPC, though charge sheet is filed against four accused. 8. Learned counsel has submitted that from the petitioner, there is no recovery. It is his contention that petitioner was not aware of filing of the charge sheet against him and therefore, his absence before the Trial Court was unintentional. 9. Petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court. No criminal antecedents against him are brought to the notice of the Court. His detention in judicial custody - 5 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 will not serve any purpose. Hence, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.4 in C.C.No.5049/1999 pending on the file of II ACJM Court at Bangalore, (Crime No.557/1995 of J.P.Nagar Police Station) shall be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. - 6 - NC: 2025:KHC:5008 CRL.P No. 432 of 2025 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. f) He shall mark his attendance at the Jurisdictional Police Station on every Sunday between 10:00 a.m., and 11:00 a.m. for a period of 3 months. iii) If any of the conditions are violated, petitioner shall not be entitled for the relief granted in this order. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 10 CT:SNN