- 1 - NC: 2025:KHC:16791 CRL.P No. 5515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5515 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: UMMAR FAROOQ S/O. MOHAMMED SHARIF, AGED ABOUT 27 YEARS, (IN 2020), RESIDING AT NO.2-184/6, KAIKAMBA ROAD, KATIPALLA, SURATKAL POST, MANGALORE TALUK, PRESENTLY RESIDING AT TWAIBA FLAT, S.S. ROAD, HEJAMADY VILLAGE AND POST, KAUP TALUK, UDUPI - 574 103. …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: THE STATE BY PADUBIDRI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.17/2023 (CRIME NO.56/2020 OF PADUBIDRI POLICE STATION), REGISTERED FOR THE OFENCES P/U/S. 307, 504 AND 506 R/W 34 IF IPC, PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16791 CRL.P No. 5515 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in S.C.No.17/2023 pending on the file of Principal District and Sessions Judge, Udupi District. 2. A case is Crime No.56/2020 was registered at Padubidri police station for the offence punishable under Sections 143, 147, 307, 504, 506 read with 149 of IPC, against accused Nos.1 to 6. Petitioner is shown as accused No.2, in the FIR. 3. The allegations are that, on account of previous enemity, all the accused secured the victim/complainant by name Mohammed Rajin near Kanchinadka Subbappana Kadu and attempted on his life by stabbing with a knife. 4. Learned counsel appearing for petitioner has contended that specific overt act of causing injury to the complainant with a knife is attributed against one Imthiyaz and the only allegation in the complaint against this petitioner is that he along with others held the complainant. She submitted - 3 - NC: 2025:KHC:16791 CRL.P No. 5515 of 2025 that the petitioner was granted bail initially but due to his absence before the Trial Court, NBW was issued and he himself surrendered before the court on 10.1.2025, but the learned Sessions Judge has dismissed his bail application. She submitted that petitioner is ready and willing to abide by any conditions, therefore, seeks to allow the petition. It is further submitted that the petitioner met with an accident and therefore, he could not appear before the Trial Court. 5. Learned HCGP has opposed the prayer seeking bail, contending that after the petitioner was released on bail continuously remained absent and avoided the warrants issued against him. He further submitted that the petitioner is involved in as many as 14 cases and if he is enlarged on bail, he will once again abscond and thereby hamper the case of prosecution. 6. Petitioner was enlarged on bail by an order dated 23.9.2020, but absconded subsequently and case against him was split up. The material on record goes to show that after issuing NBW many times, he surrendered before the court on 10.1.2025. As per the report submitted by the Investigation Officer, before the Trial Court, as many as 14 cases are - 4 - NC: 2025:KHC:16791 CRL.P No. 5515 of 2025 registered against the petitioner in the last 13 years for various offences like murder, attempt to murder, robbery, dacoity extortion, theft etc., Hence, the apprehension of the prosecution is well founded. There is no material placed to show that after petitioner was enlarged on bail, he had met with an accident and till 10.1.2025, he was unable to appear before the Trial Court. The order passed by the learned Session Judge does not indicate that any material was submitted to the court to substantiate that due to accident, the petitioner was unable to appear before the Trial Court. 7. If the petitioner places records/materials showing reasons for his absence, the learned Sessions Judge may consider the application, if any filed, seeking bail and pass appropriate orders, in accordance with law. With the above observation, this petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE AKV List No.: 1 Sl No.: 13 CT:SK