- 1 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2911 OF 2025 BETWEEN: MANOJ KUMAR S S/O SUBRAMANI AGED ABOUT 28 YEARS R/AT NO.201, 2ND FLOOR 2ND CROS TIRUMALA BUILDING, TIRUMALA LAYOUT KAGGADASAPURA MAINROAD NEW THIPPASADRA POST BENGALURU - 560 075. …PETITIONER (BY SRI SHASHIDHAR G, ADV.) AND: STATE BY KARNATAKA BY HALASOOR POLICE STATION BENGLAURU 560 001 REPT BY SPP HIGH COURT BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT HALASOOR POLICE BENGALURU TO RELEASE THE ABOVE NAMED PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.56444/2021 PENDING BEFORE THE HONBLE X ACMM MAYOHALL AT BENGALURU REGISTERED FOR THE OFFENCE S PUNISHABLE UNDER SECTION 341, 307 R/W 34 OF INDIAN PENAL CODE OF THE SAID POLICE STATION BY ACCEPTING SURETY OR ON ANY CONDITION THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in C.C.No.56444/2021 pending before the Court of X ACMM, Bengaluru arising out Crime.No.132/2019 registered by Halasur Police Station, Bengaluru City for the offences punishable under Sections 341 & 307 R/w 34 of IPC is before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.132/2019 was registered by Halasur gate Police Station, Bengaluru City against unknown persons initially for the offence punishable under Section 307 of IPC, based on the first information dated 28.04.2019 received from Smt Tamarai Chelvi, mother of the injured Akshay Babu. After completion of investigation, charge sheet has been filed against five persons and the petitioner is arraigned as accused No.5 in the charge - 3 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 sheet. Thereafter, case was registered in C.C.No.54486/2020 against accused Nos.1 to 5. Since the petitioner did not appear before the committal Court, a split up case was registered against him in C.C.No.56444/2021. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.26214/2024, before the jurisdictional Sessions Court which was rejected on 10.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. He was not served with summons from the committal Court and in spite of the same, NBW was issued against him and thereafter proclamation order has been passed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. She submits that for the last six years the petitioner has been absconding and therefore case against him is split up and as against other accused, case is already committed and they are now being tried before the - 4 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 jurisdiction Sessions Court in S.C.No.1602/2021. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that, FIR in the present case was registered against unknown person and during the course of investigation, some of the accused persons were arrested and thereafter investigation was completed and charge sheet has been filed against five persons and the petitioner is arraigned as accused No.5 in the charge sheet. 7. The order sheet of the committal court would go to show that though summons was issued to the petitioner herein, it appears that summons issued to the petitioner was not served and in spite of the same the committal Court had issued NBW against him and thereafter had proceeded to pass the proclamation order against him. Undisputedly, the petitioner has no criminal antecedents. In view of the coercive steps taken by the committal Court, the petitioner is apprehending arrest in the case and such an apprehension cannot be said to be - 5 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 totally misconceived. Under these circumstances, the petitioner's prayer for grant of anticipatory bail is required to be entertained. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in C.C.No.56444/2021 pending before the Court of X ACMM, Bengaluru arising out Crime.No.132/2019 registered by Halasur Police Station, Bengaluru City for the offences punishable under Sections 341 & 307 R/w 34 of IPC subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one - 6 - NC: 2025:KHC:11402 CRL.P No. 2911 of 2025 surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS