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2025 DAILYLAW 14988 (KAR)

SRI ANAS @ ANOZ v. THE STATE OF KARNATAKA

CRL.P/1282/2025 · 2025-02-21

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:8217 CRL.P No. 1282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1282 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. ANAS @ ANOZ S/O HASINAR, AGED ABOUT 36 YEARS, R/AT. PALAK PARAMBIL HOUSE, KERULAY POST, MALAPPURAM, DISTRICT KERALA STATE - 676 505. …PETITIONER (BY SRI. PUTTARAJA C.P., ADVOCATE) AND: THE STATE OF KARNATAKA BY RURAL POLICE STATION VIRAJPETE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.78/2021 NOW C.C.NO.38/2022 PENDING BEFORE THE HONBLE ADDL. CIVIL JUDE (Jr.Dn) AND JMFC COURT AT VIRAJPET POLICE STATION KODAGU DISTRICT FOR AN OFFENCES P/U/S 71-A AND 104-A OF KARNATAKA FOREST Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8217 CRL.P No. 1282 of 2025 ACT, 1963 AND SECTION 379 OF IPC, ON SUCH TERMS AND CONDITIONS AS DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred seeking to grant anticipatory bail to the petitioner in a case arising out of Crime No.78/2021 registered at Virajpet Rural Police Station, Kodagu, pending in C.C.No.38/2022 on the file of Court of Additional Civil Judge (Jr.Dn) & JMFC Court, Virajpet, Kodagu District. 2. FIR is registered against the petitioner for the offence punishable under Section 379 of IPC and Section 104 (A) of Karnataka Forest Act, 1963. 3. Charge sheet has been filed for the offence punishable under Section 71-A and 104-A of Forest Act and Section 379 of IPC. 4. Petitioner/accused No.1 was enlarged on bail on 13.05.2021. He was directed to appear before the Court - 3 - NC: 2025:KHC:8217 CRL.P No. 1282 of 2025 on the expiry of 90 days, as the standard operating procedure (for short 'SOP') was in existence due to Covid- 19 pandemic. After revocation of SOP, Court issued summons, however, summons was not served on the petitioner. On 08.11.2023 an application under Section 205 of Cr.P.C was filed, which was allowed and time was granted for his appearance. However, on 11.12.2023, he remained absent and therefore, NBW was issued against him. 5. Having once released on bail, petitioner is not entitled for the relief of anticipatory bail. Material on record would reveal that, he has absconded and not complied with the direction and thereby misused the liberty granted to him. 6. Petitioner was initially enlarged on bail and in view of the NBW pending against him, he can be directed to appear before the jurisdictional Court on or before 05.03.2025 and file necessary application for, recalling the NBW and bail. If any, such applications are filed - 4 - NC: 2025:KHC:8217 CRL.P No. 1282 of 2025 within the said period, the learned Judge shall enlarge the petitioner on bail on such terms and conditions, which may be necessary to be imposed. 7. With above observations, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 34 CT:SNN