- 1 - NC: 2025:KHC:3504 CRL.P No. 13020 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13020 OF 2024 BETWEEN: SHANKAR, S/O DANDAPANI, AGED ABOUT 31 YEARS, NO.35, MUDDAMMA GARDEN, PSK NAIDU ROAD, DODDAGUNTE COX TOWN, BANGALORE - 560 005. …PETITIONER (BY SRI. SREENIVASA KUMAR D.G., ADVOCATE) AND: STATE OF KARNATAKA BY PULIKESHINAGAR POLICE STATION, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.98/2018 (C.C.NO.58453/2019) OF PULIKESHINAGAR POLICE FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 399, 402 OF IPC ON THE FILE OF THE HONBLE XI A.C.M.M., BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3504 CRL.P No. 13020 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.1 in Crime No.98/2018 of Pulakeshinagar Police Station, registered for offences punishable under Sections 399 and 402 of IPC, has preferred this petition seeking anticipatory bail. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent / State and perused the material on record. 3. The prosecution has alleged that, on 28.06.2018 at about 11.30 p.m. - 01.15 a.m., the accused were making preparations to commit dacoity holding deadly weapons near the road by the side of Kalpalli Hindu graveyard situated within the jurisdiction of Pulakeshinagar Police Station. Three of the accused, - 3 - NC: 2025:KHC:3504 CRL.P No. 13020 of 2024 including the petitioner were apprehended, wherein, two others fled away. 4. Accused Nos.1 to 3 were initially released on bail. Charge sheet was filed showing accused Nos.4 and 5 as absconding. Thereafter, accused No.2 also remained absent. Hence, NBW was issued to accused Nos.2, 4 and 5. 5. The material on record reveals that, even the petitioner / accused No.1 remained absent before the trial Court and therefore, NBW was issued against him. Later, NBW was recalled, however, the petitioner was irregular in appearing before the trial Court. Once again NBW was issued against accused Nos.1 to 3 and notice to the sureties was issued. The trial Court issued proclamation and date for appearance was fixed on 28.11.2024. 6. The learned Sessions Judge has dismissed the petition seeking anticipatory bail on the ground that the petitioner was irregular in appearing before the trial Court - 4 - NC: 2025:KHC:3504 CRL.P No. 13020 of 2024 and he is a proclaimed offender and therefore, he has to surrender before the regular Court and move an application in the same Court. 7. Considering that the petitioner was once granted bail and misused the liberty by jumping bail, he is not entitled for anticipatory bail. 8. The learned counsel for petitioner has brought to the notice of the Court that an externment order was passed against the petitioner by the Deputy Commissioner, East Division, Bengaluru City on 21.04.2023 and therefore, petitioner was in Tamil Nadu from 21.04.2023 to 20.04.2024. A copy of the said order has been produced. 9. Considering the above and also considering that petitioner was earlier granted bail, he may be directed to surrender before the jurisdictional Court / Committal Court and to file necessary application to recall NBW and seek for regular bail, and if such an application is filed within 15 - 5 - NC: 2025:KHC:3504 CRL.P No. 13020 of 2024 days from today, the learned Judge shall enlarge the petitioner on bail by imposing such conditions as it deems fit. 10. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 19 CT: BHK