- 1 - NC: 2025:KHC:4788 CRL.P No. 863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 863 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SHASHIKUMAR S, S/O SRINIVASA DASAPPA, AGED ABOUT 30 YEARS, R/AT NO.412, IST CROSS, HEBBAL MAIN ROAD, METAGALLI, MYSORE - 570 001. …PETITIONER (BY SRI. S.R. SREEPRASAD, ADVOCATE) AND: STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POLICE, BENGALURU, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN KUMARASWAMY LAYOUT P.S IN CR.NO.02/2012 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4788 CRL.P No. 863 of 2025 (CC.NO.16845/2012) PENDING ON THE FILE OF THE V ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, REGISTERED FOR THE OFFENCES P/U/S 307 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in Crime No.2/2012 of Kumarswamy Layout Police Station has preferred this petition under 482 of BNSS, 2023 seeking anticipatory bail. 2. FIR was registered against the petitioner and others for offences punishable under Section 341, 307, 324 read with Section 34 of IPC. Initially, petitioner was granted bail. Material on record reveals that the petitioner was arrested on 02.01.2012 and he was granted bail by an order passed by the learned Sessions Court in Crl.Misc.No.48/2012 and he was released from judicial custody on 13.01.2012. After filing of charge sheet, inspite - 3 - NC: 2025:KHC:4788 CRL.P No. 863 of 2025 of issuance of summons and NBW, since he was not secured, he was declared as proclaimed offender. 3. It is the submission of the learned counsel for petitioner that FIR was registered even against other accused persons. However, Charge sheet was filed only against the petitioner. He was unaware of the proceedings pending before the Committal Court and he was under the impression that case against him was closed. He further contended that summons were not issued to the petitioner at all and therefore, his absence before the Trial Court was un-intentional. 4. Case of the prosecution is that on 01.01.2012 at about 01:30 p.m., the complainant and his friends had been to T.K. falls near Kaggalipura for swimming where the accused had come along with his friends. A quarrel took place between them. In this background at about 05:00 p.m., on the same day, when the complainant and his friends were proceeding on their motorcycles near - 4 - NC: 2025:KHC:4788 CRL.P No. 863 of 2025 Konanakunte Circle, Kanakapura Road, petitioner and his friends attacked them and the petitioner herein assaulted complainant’s friend Manoj with a machete on his head and right hand and attempted to commit his murder. 5. One of the contentions raised by the learned counsel for petitioner is that, petitioner was a minor aged below 18 years as on the date of commission of offence and he was granted bail but he was not aware of the proceedings pending against him, as charge sheet was filed only against him and the summons were also not issued. 6. The fact remains that petitioner was released on bail and thereafter never appeared before the Trial Court for a period of 12 years. He has been declared as a proclaimed offender. In that view of the matter, grant of anticipatory bail does not arise. The claim of the petitioner that he was a minor as on the date of incident etc., also cannot be considered without determination of his age in accordance with law. However, considering that the - 5 - NC: 2025:KHC:4788 CRL.P No. 863 of 2025 petitioner was initially granted bail, if any petition seeking regular bail is filed by the petitioner before the Court below, the same shall be considered and disposed of as expeditiously as possible, not later than 10 days from the date of filing of the petition. 7. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 13 CT: BHK