- 1 - NC: 2025:KHC:11237 CRL.P No. 2961 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2961 OF 2025 BETWEEN: MR. AKRAM PASHA S/O D. BASHA AGED ABOUT 40 YEARS R/AT. DOOR NO.115, CHAME GOWDA LANE, BABA SWAMIL ROAD, BADRAVATHI SHIVAMOGGA. …PETITIONER (BY SRI IMTIAZ B, ADV.) AND: THE STATE OF KARNATAKA BY BAJPEPOLICE STATION REP BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE. …RESPONDENT (BY SMT. PUSHPALATHA B. ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.27/2017 FOR THE OFFENCES P/U/S 498A OF IPC, PERTAINING TO POLICE STATION PENDING ON THE FILE OF THE II JMFC COURT MANGALORE, DAKSHINA KANNADA. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:11237 CRL.P No. 2961 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 1. Accused in CC No.7118/2018 pending before the Court of JMFC VI Court, Mangaluru, arising out of Crime No.272/2017 registered by Bajpe Police Station, Mangaluru City, for the offence punishable under Section 498A of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that without serving summons on the petitioner, non-bailable warrant has been issued against him and thereafter, proclamation order was also passed. He submits that petitioner was totally unaware of the criminal proceedings pending against him. 4. Per contra, learned HCGP has opposed the petition. 5. A perusal of the material on record would go to show that summons was not served on the petitioner at any stage and - 3 - NC: 2025:KHC:11237 CRL.P No. 2961 of 2025 without service of summons, the Trial Court has issued non- bailable warrant against the petitioner and thereafter, has passed proclamation order against him. The alleged offence is punishable with imprisonment for a period of three years and petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. The 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 CC No.7118/2018 pending before the Court of JMFC VI Court, Mangaluru, arising out of Crime No.272/2017 registered by Bajpe Police Station, Mangaluru City, for the offence punishable under Section 498A of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- - 4 - NC: 2025:KHC:11237 CRL.P No. 2961 of 2025 with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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 DN