- 1 - NC: 2025:KHC:2669 CRL.P No. 12608 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.12608 OF 2024 BETWEEN: 1. MOHAMMAD HANEEF @ MOHAMMAD ALI @ MUNNA, S/O HASSAINAR, AGED ABOUT 36 YEARS, R/AT DERA HOUSE, NEAR KURDA PADAVU PRIVATE SCHOOL, PAIVALIKE VILLAGE, SUNKADAKATTE, KASARAGOD, KERALA-671 348. …PETITIONER (BY SRI. KETHAN KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE INSPECTOR OF POLICE, MANGALORE NORTH POLICE STATION, D.K. DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE ABOVE CASE IN CONNECTION WITH SC.NO.50/2023, PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 7, 25, 27 OF INDIAN ARMS ACT, SECTIONS 307, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2669 CRL.P No. 12608 of 2024 326, 387, 506, 120(B) R/W SECTION 34 OF IPC, 1860, IN CR.NO.322/2017 REGISTERED BY THE MANGALORE NORTH POLICE STATION. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 2. This petitioner is arrayed as accused No.4 in respect of Crime No.322/2017 on the file of Mangalore North Police Station for the offences punishable under Sections 5(1)(a), 5(2)(a) and 27 of the Indian Arms Act, 1959 and Section 307 read with 34 of IPC. Admittedly, this petitioner was enlarged on bail by the Trial Court itself on 04.05.2018 and he did not appear before the Trial Court from 21.07.2022 and hence split up charge sheet was filed against this petitioner on 27.02.2023. 3. The learned counsel for the petitioner submits that the petitioner was apprehended on 23.09.2023 and hence he could not appear before the Trial Court. The learned counsel contend that now only two cases are pending against the petitioner i.e., this case and other special case and hence he - 3 - NC: 2025:KHC:2669 CRL.P No. 12608 of 2024 may be enlarged on bail and he is ready to obey the conditions that may be imposed by this Court. 4. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that the Trial Court has already exercised its discretion vide order dated 04.05.2018, but the petitioner did to appear before the Trial Court from 21.07.2022 and in view of non-appearance, split up case is registered against him. The Trial Court while rejecting the bail petition assigned the reason that in view of the non- appearance, split up case is registered against him. The learned counsel submits that there are several cases against this petitioner from 2014 onwards. Number of cases are registered against him by the very same police station. Even after obtaining the bail also he had indulged in committing the offences punishable under Sections 352, 351(2) and 351(4) of BNS Act and crime is registered in Crime No.95/2024 and so also in NDPS case in Crime No.99/2024 and also Crime No.66/2024 for the offences punishable under Sections 383, 507 and 506 of IPC and Manjeshwara Police Station, Kerala police have also registered Crime No.189/2009 for the offences punishable under Sections 395 of IPC and several cases are registered against him and in total there are 11 cases and he is - 4 - NC: 2025:KHC:2669 CRL.P No. 12608 of 2024 an habitual offender and hence this Court cannot exercise the discretion. 5. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State, 11 cases are registered against the petitioner from 2009 onwards and in this year three cases are registered against him by the very same police and the police of Karkala have registered crime in Crime No.66/2024 and he is an habitual offender. Apart from that, though bail was granted on 04.05.2018, he did not choose to appear before the Trial Court from 21.07.2022 and as a result, split up case was registered against him. The contention of the learned counsel for the petitioner that he could not appear before the Trial Court as he was arrested in other case in September 2023 cannot be accepted since from 21.07.2022 he did not appear before the Court till his arrest for a period of 14 months. When such being the case and when the petitioner did not assist the Trial Court in disposal of the case and a split up case is registered against him, it is not a case to once again exercise the discretion in favour of the petitioner. No grounds are made out to enlarge the petitioner on bail. - 5 - NC: 2025:KHC:2669 CRL.P No. 12608 of 2024 6. In view of the discussions made above, I pass the following: ORDER The petition is rejected. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 70