- 1 - NC: 2025:KHC:13364 CRL.P No. 13126 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13126 OF 2024 BETWEEN: NARAYAN SINGH, S/O JIVAN SINGH, AGED ABOUT 43 YEARS, RESIDING AT HAMEER WAS, MANDA PALI, RAJASTHAN - 306 103. …PETITIONER (BY SRI. NATARAJ D, ADVOCATE) AND: STATE OF KARNATAKA BY SRIRAMPURA POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN RELATION TO FIR REGISTERED WITH CR.NO.276/2009 (CC.NO.4350/2017), FOR THE OFFENCE P/U/S 457 AND 380 OF IPC, FILED BEFORE THE SRIRAMPURA P.S., PENDING BEFORE THE HONBLE 7th ACMM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13364 CRL.P No. 13126 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in CC.No.4350/2017 pending before the Court of 32nd Additional Chief Metropolitan, Bengaluru arising out of Crime No.276/2009 registered by Srirampura Police Station, Bengaluru City, for offences punishable under Sections 457 and 380 of IPC is before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.276/2009 was registered by Srirampura Police Station, Bengaluru City, for the aforesaid offences against unknown persons based on the first information dated 25.10.2009 submitted by Ramesh. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.8869/2024 before the Jurisdictional Sessions Court which was rejected on 6th November, 2024. Therefore, petitioner is before this Court. - 3 - NC: 2025:KHC:13364 CRL.P No. 13126 of 2024 4. Learned Counsel for the petitioner submits that petitioner was not served with summons from the trial Court at any point of time. He has no other criminal antecedents. It is only after a proclamation order was issued against him, he came to know about pendency of the criminal case against him. In the charge sheet absolutely there is no allegation against the petitoner. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that FIR was initially registered against unknown persons. After investigation was completed, charge sheet is filed against six persons. Petitioner is arraigned as accused No.2 in the charge sheet. 7. Perusal of the order sheet of the trial Court in the present case would go to show that at no point of time, summons was served on the petitioner and Non-Bailable - 4 - NC: 2025:KHC:13364 CRL.P No. 13126 of 2024 Warrant was issued against him, since petitioner's presence could not be secured. Thereafter, proclamation order was also issued. Undisputedly, petitioner has no other criminal antecedents. He has undertaken to cooperate before the trial Court and appear before the trial Court regularly. Considering the aforesaid aspects of the matter and also nature of allegations found against him, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in CC.No.4350/2017 pending before the Court of 32nd Additional Chief Metropolitan, Bengaluru arising out of Crime No.276/2009 registered by Srirampura Police Station, Bengaluru City, for offences - 5 - NC: 2025:KHC:13364 CRL.P No. 13126 of 2024 punishable under Sections 457 and 380 of IPC subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 37