- 1 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100409 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: DASTAGEER S/O. MAREMASAB HUNASHYL, AGE: 30 YEARS, OCC. PRIVATE SERVICE, R/O. VIDYANAGAR, MUDALGI VILLAGE, TAL. GOKAK, DIST. BELAGAVI-590001. …PETITIONER (BY SRI JAGADISH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HARUGERI POLICE STATION, R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, AT DHARWAD …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023/ 438 OF CR.P.C., SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.7 IN THE EVENT OF HIS ARREST IN CC NO.3957/2024 ARISING OUT OF CRIME NO.112/2024 DATED 12.06.2024 BY THE RESPONDENT HARUGERI POLICE STATION, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 120(B), 364, 302, 201, R/W. 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.11 14:27:58 +0530 - 2 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Jagadish Patil learned counsel for the petitioner and Smt.Girija S. Hiremath, learned HCGP for respondent-State. 2. Petition under Section 482 of BNSS with the following prayer: “Wherefore, it is respectfully prayed before this Hon’ble Court to grant anticipatory bail to the petitioner/accused No.7 in the event of his arrest in C.C.No.3957/2024 arising out of Crime No.112/2024 dated 12.06.2024 by the respondent Harugeri Police Station, registered for the alleged offences punishable under sections 143, 147, 148, 120(B), 364, 302,201 r/w Section 149 of IPC, in the interest of justice. 3. Present petitioner is the accused No.7 in pending CC No.3957/2024 which is now committed and pending before the Sessions Court. - 3 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 4. His request for grant of anticipatory bail is turned down by the learned Sessions Judge taking note of the gravity of the offences and also on the ground of accused being not available to the investigating agency and absconding charge sheet came to be filed. 5. Sri.Jagadish Patil, counsel reiterating the grounds urged in the bail petition contended that though offence alleged against the present petitioner is grievous in nature inasmuch as offence under Section 302 IPC has been invoked by investigating agency, accused Nos. 3 to 5 have been granted bail by this court by order dated 24.02.2025. Therefore, present petitioner may also be granted the benefit of anticipatory bail and sought for allowing the petition. 6. Per contra, Smt. Girija Hiremath opposes the bail grounds by contending that petitioner is admittedly shown as absconding accused in the charge sheet and no material is available on record to show that he did surrender to the investigation agency or was available to the investigation - 4 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 agency and there was no proper effort made by investigation agency to apprehend him. Thus sought for dismissal of the petition. 7. Having heard the parties in detail, this Court perused the material available on record meticulously. 8. Admittedly co-accused Nos.3 to 5 have been granted regular bail by this Court by order dated 24.02.2025. 9. Since the accused is shown as absconding accused, he should be termed as not a law abiding citizen which is sine qua non for entertaining the anticipatory bail request. 10. However, mere showing the person as absconding would not ipso facto disentitle a person from getting an anticipatory bail provided if he is able to establish before the Court that he was very much available for the investigation agency but there was no proper effort made by the investigation agency to apprehend him. 11. In the case on hand, on perusal of the material on record, Police reports reveal that every effort has been - 5 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 made by the investigation agency to apprehend the petitioner and petitioner was not available. 12. Therefore, the special power to exercise the grant of anticipatory bail is not available in the attendant facts and circumstances of the case; more so, having regard to the gravity of the offence alleged. 13. What exactly in the role played by the accused No.7 is a matter that has to be decided during the course of trial. Taking note of the fact that the co-accused 3 to 5 having granted with regular bail, if the petitioner approaches the Sessions Court with a request for grant of regular bail after surrendering before the learned Sessions Judge, the trial Court may consider his bail request in accordance with law as early as possible. More so, having regard to the order passed by the coordinate bench of this Court in Crl.P.No.100288/2025 dated 24.02.2025 wherein accused Nos.3 to 5 have been granted with bail. - 6 - NC: 2025:KHC-D:4236 CRL.P No. 100409 of 2025 14. With the above observations, the following order is passed. ORDER Bail petition is rejected. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 19