- 1 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5029 OF 2025 BETWEEN: SRI SURYANARAYAN HEGDE, S/O DIWAKER HEGDE, AGED ABOUT 60 YEARS, PADU KOTAMBAIL, 34, KUDI VILLAGE, KUDI KOKKARNE, UDUPI DISTRICT - 576 234 …PETITIONER (BY SMT. SUJNANESHWARI SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.25304/2012 (CRIME NO.27/2012) ON THE FILE OF THE XXXTH ACMM BENGALURU WHEREIN HE IS ARRAYED AS ACCUSED NO.2 FOR THE OFFENCE P/US/ 454, 380, 411 OF IPC. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 ORAL ORDER Accused No.2 in C.C.No.25304/2024 pending before the Court of XXX Additional Chief Judicial Magistrate, Bengaluru arising out of Crime No.27/2012 registered by Subramanyapura Police Station, Bengaluru, for offences punishable under Sections 454, 380 and 411 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that in the present case, absconding charge sheet was filed against accused Nos. 1 to 3. It is alleged that petitioner who was arrested in Crime No.8/2011 registered by Hulimavi Police Station had confessed to the crime in the present case and therefore, he was arrayed as accused in the present case. However, he was not produced by the police in the present case even though he was arrested in Crime No.8/2011. 4. Accused Nos. 1 and 3 in the present case have died and at no point of time summons was served on the petitioner in the present case. In S.C.No.923/2013 arising out of Crime - 3 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 No.8/2011 registered by Hulimavu Police Station, the petitioner has been acquitted vide judgment and order of acquittal dated 17.10.2022 passed by the Jurisdictional Session Court. Petitioner aged about 60 years has ,no other criminal antecedents. Accordingly, she prays to allow the petition. 5. Per contra, learned Additional SPP has opposed the petition. She submits that petitioner was absconding through out and proclamation orders have been issued against him. Therefore, his prayer needs to be rejected. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner was arrested in Crime No.8/2011 registered by Hulimavu Police Station and it is alleged that petitioner had confessed to the crime in the present case during interrogation in Crime No.8/2011 and it is under these circumstances, petitioner was arrayed as an accused in the present case. Even though petitioner was in custody in Crime No.8/2011, police have not produced the petitioner before the jurisdictional Court in the present case by obtaining body warrant against him. It appears that subsequently a absconding charge sheet was filed - 4 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 against three persons in the present case and petitioner is arrayed as accused No.2 in the charge sheet. Accused Nos. 1 and 3 in the present case are said to have died. The order sheet of the Trial Court would go to show that, at no point of time summons was served on the petitioner who is arrayed as accused No.2 in the present case and on the other hand coercive steps were taken against him and proclamation orders was issued. 7. Material on record would go to show that petitioner who was tried in S.C.No.923/2013 by the jurisdictional Sessions Court which arises out of Crime No.8/2011 registered by Hulimavu Police Station for similar offences has been acquitted in the said case vide judgment and order of acquittal dated 17.10.2022. Except the said case, petitioner has no other criminal antecedents. Petitioner is aged 60 years. He has undertaken to cooperate before the Trial Court for disposal of the case. Under such circumstances, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 ORDER The petition is allowed. 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 Crime No.27/2012 registered by Subramanyapura Police Station, Bengaluru, for offences punishable under Sections 454, 380 and 411 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/- 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 - 6 - NC: 2025:KHC:17975 CRL.P No. 5029 of 2025 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 SPV List No.: 1 Sl No.: 34