- 1 - NC: 2025:KHC:3094 CRL.P No. 12358 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO.12358 OF 2024 BETWEEN: MOHAN @ MANU S/O MUNIYAPPA, AGED ABOUT 26 YEARS, R/AT SHANUBOGANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT-562 106. …PETITIONER (BY SRI M.KRISHNE GOWDA, ADVOCATE) AND: STATE OF KARNATAKA STATE BY TAVAREKERE P.S., REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO PASS ON ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.719/2015 OF TAVAREKERE POLICE, NOW IN S.C.NO.214/2021 AND PENDING TRIAL BEFORE HON’BLE 9th ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BANGALORE RURAL, FOR THE OFFENCES P/U/S 302, 201 R/W 34 OF IPC AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3094 CRL.P No. 12358 of 2024 ORAL ORDER The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.719/2015 of Tavarekere Police Station, now pending in S.C.No.214/2021 on the file of the learned IX Addl. District and Sessions Judge, Bangalore Rural registered for the offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri Mariswamaiah. 2. Heard Sri M.Krishne Gowda, learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondent-State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” - 3 - NC: 2025:KHC:3094 CRL.P No. 12358 of 2024 My answer to the above point is in ‘Negative’ for the following: R E A S O N S 4. The petitioner being accused No.1 is seeking grant of bail. The materials on record disclose that the petitioner was apprehended and was detained in custody. Subsequently, he was granted bail during the year 2016. After being released on bail, the petitioner violated the conditions of bail and remained absconding. He was successful in avoiding the process of Court for five long years. He was arrested only on 08.09.2021. 5. The split up charge sheet was filed and the matter is pending in S.C.No.214/2021. The charge was framed and the petitioner had approached this Court once again for grant of bail. The said prayer was considered by this Court in Crl.P.No.10343/2022 and the petitioner was ordered to be released on bail as per the order dated 25.01.2023. The petitioner was directed to appear before the trial Court as and when required. - 4 - NC: 2025:KHC:3094 CRL.P No. 12358 of 2024 6. It is stated that the petitioner, even though, ordered to be released on bail on 25.01.2023, he was released on bail on 20.05.2023. Thereafter, he never appeared before the trial Court. In spite of issuance of NBWs, his presence was secured once again on 04.03.2024. This shows the conduct of the petitioner who is in the habit of remaining absent without obeying the conditions of bail. The Session’s case is of the year 2021 and the same is pending due to frequent abscondence of the petitioner. Hence, I am of the opinion that the petitioner is not entitled for bail until the trial concludes. Hence, I answer the above point in the negative. Accordingly, petition is dismissed. SD/- (M G UMA) JUDGE PB List No.: 2 Sl No.: 1