- 1 - NC: 2025:KHC:10584 CRL.P No.1908/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1908/2025 BETWEEN: HARISH KUMAR @ HARISH S/O LATE B.T. KRISHNA AGED ABOUT 25 YEARS R/AT. C/O MAHESH'S BUILDING 2ND CROSS, 1ST MAIN ROAD MANJUNATHNAGAR ITTAMADU, BANGALORE-560085. …PETITIONER (BY SRI. NANDEESHA G, ADV.,) AND: STATE BY JAYA PRAKASH NAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. BENGALURU-560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO ENLARGE/ GRANT ON BAIL BY ALLOWING THIS PETITION, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST, PENDING IN AS CR.NO.480/2016, ON DATED 10.09.2016, IN C.C.NO.27473/2017 IN SPLIT UP C.C.NO.4095/2019 ON PENDING BEFORE THE II ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU, FOR THE OFFENCE P/U/S 397 OF IPC AS AN ACCUSED NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10584 CRL.P No.1908/2025 CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER This petition is filed with the prayer to grant anticipatory bail in C.C.No.4095/2019 pending before the Court of XLIV Additional Chief Metropolitan Magistrate, Benglauru, arising out of Crime No.480/2016 registered by Jayaprakash Nagar Police Station, Bengaluru City, for the offence punishable under Section 397 of IPC. 2. Heard the learned counsel for the parties. 3. Petitioner was arrested in this case on 24.03.2017 and thereafter, he was granted statutory bail on 22.06.2017 by the Court of II Additional Chief Judicial (Metropolitan) Magistrate. Subsequently, the petitioner had not appeared before the trial Court and therefore, coercive steps are taken against him and it is under these circumstances, he had filed an application under Section 438 of Cr.P.C. before the jurisdictional Sessions Judge, which was rejected. - 3 - NC: 2025:KHC:10584 CRL.P No.1908/2025 4. Since the petitioner was earlier granted regular bail in the very same case, his petition under Section 438 of Cr.P.C. cannot be maintained. In addition to the same, the trial Court has issued proclamation orders against the petitioner. Therefore, in view of the decision of Hon'ble Supreme Court in the case of State of Maharastra vs. Pradeep Sharma1, this petition under Section 438 of Cr.P.C. is not maintainable. Petition is accordingly, dismissed with liberty to the petitioner to surrender before the jurisdictional Court and make necessary application seeking regular bail and in such event, the said application shall be considered and disposed of on merits as expeditiously as possible. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 13 1 (2014) 2 SCC 171