- 1 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 750 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. DINESH @ GIRI S/O KANAIAH RAM AGED ABOUT 24 YEARS R/AT.NO.48, 10TH MAIN ROAD, BANASHANKARI, BANGALORE - 560 091. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. YASHAVANTHSWAMY A.M., ADVOCATE) AND: 1. STATE OF KARNATAKA CHANNAMMANAKERE ACHU KATTU POLICE STATION, BANGALORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BANGALORE - 560 001. 2. DEEKSHITH H.K S/O KRISHNAMURTHY N AGED ABOUT 19 YEARS R/AT.NO.42, 1ST B MAIN, VIVEKANANDA NAGAR, KATRIGUPPE MAIN ROAD Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 BSK 3RD STAGE, BANGALORE - 560 091. …RESPONDENTS (BY SMT. ASMA KOUSAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.287/2018 IN CC.NO.4149/2022 OF CHANNAMANAKERE ACHU KATTU P.S., FOR AN OFFENCE P/U/S 397,511 OF IPC, PENDING ON THE FILE OF HONBLE II ACMM, BANGALORE, PENDING ON THE FILE OF LEARNED ACMM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 has preferred this petition praying to enlarge him on bail in Crime No.327/2018 of Channammanakere Achu Kattu Police Station, Bengaluru City, registered for the offence punishable under Section 397 and 511 of IPC. 2. The material on record reveal that, petitioner was enlarged on bail at crime stage, however, he failed to appear before the trial Court and therefore, NBW and proclamation came to be issued and the case against him - 3 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 was split up. He was arrested on 16.12.2024 and remanded to judicial custody. 3. The learned Sessions Judge has rejected the prayer for bail, observing that the petitioner has criminal antecedents and he is involved in several cases of similar nature and he is a habitual offender. 4. It is the case of prosecution that the first informant - Deekshith H.K., was working as a cashier in KFC restaurant in Kathriguppe, Banashankari. On 29.10.2018 at about 11.30 p.m., after finishing the work he was proceeding on a two wheeler along with the manager of the restaurant. At about 1.00 a.m., on 30.10.2018 when they were near M.M bar, Kathriguppe main road, six unknown persons, attempted to commit robbery. The police on duty apprehended three of the accused whereas, others fled away. 5. It is alleged that the petitioner along with other accused has attempted to commit robbery. He was initially granted bail, but due to his absence before the - 4 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 trial Court, he was secured under NBW and remanded to judicial custody on 16.12.2024. 6. It is the submission of the learned counsel that the petitioner has never received summons and even issuance of NBW was not within his knowledge. It is contended that the petitioner is innocent and he is implicated in a false case. 7. Even though it is alleged that petitioner is a habitual offender involved in number of similar cases, the details of those cases are not stated or furnished. Petitioner has undertaken to furnish adequate surety to ensure his regular presence before the trial Court. His further detention in judicial custody will not serve any purpose. Petitioner can be admitted to bail by imposing suitable conditions. Accordingly, the following: O R D E R i) Petition is allowed. - 5 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 ii) Petitioner/accused No.1 in Crime No.327/2018 of Channammanakere Achu Kattu Police Station, Bengaluru City, pending in C.C.No.4149/2022 on the file of the Court of II Additional C.M.M. Court, Nrupatunga Road, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. - 6 - NC: 2025:KHC:7081 CRL.P No. 750 of 2025 iii) Violation of bail condition/s shall lead to cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 27