- 1 - NC: 2025:KHC:4969 CRL.P No. 13744 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13744 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. LOKESHA S/O SENNAPPA AGED ABOUT 40 YEARS R/AT BOMMASANDRA ANGONDAHALLI, KOLAR KARNATAKA 563131 …PETITIONER (BY SRI. NAZEEFA M. MULLA, ADVOCATE FOR SRI. HITESH C S., ADVOCATE) AND: STATE OF KARNATAKA BY ITS MAHADEVAPURA POLICE STATON REP. BY HIGH COURT SPP, BENGALURU 560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRL.MISC.NO.10066/2024 PASSED BY THE LII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU DATED 12.11.2015 UNDER FIR REGISTERED IN CRIME NO.647/2015 PENDING IN THE FILE OF THE III ADDL. CHIEF JUDICIAL MAGISTRATE IN C.C.NO.19156/2017 FOR THE OFFENCES P/US/ 34, 406, 420 OF IPC 1860. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4969 CRL.P No. 13744 of 2024 ORAL ORDER Petitioner is before this Court, in this petition, preferred under Section 438 Cr.P.C. 1973, praying to enlarge him on anticipatory bail. 2. Heard both sides and perused the material on record. 3. FIR in Crime No.647/2015 of Mahadevapura police station, Bengaluru City is registered against accused Nos.1 to 3 for the offence punishable under Section 406, 420 r/w 34 of IPC, on a complaint lodged by KCV Madhukar Reddy. 4. Charge sheet is filed against accused Nos.1 to 3 for the aforementioned offence, showing accused No.2 as absconding. 5. It is alleged that accused No.1 working as an Accountant, accused No.2, Supervisor and accused No.3, Cashier of one Mats Fuel Park Petrol Bunk situated on ITPL main road, Kundalahalli, have misappropriated a sum of Rs.22,79,363/- and cheated the complainant. 6. The petitioner was working as a Cashier. He is arraigned as accused No.3 in the charge sheet. He was - 3 - NC: 2025:KHC:4969 CRL.P No. 13744 of 2024 arrested on 16.11.2015 and enlarged on bail. He remained absent before the trial Court and therefore, NBW came to be issued against him. His petition seeking anticipatory bail, has been dismissed by the learned Sessions Judge in Criminal Miscellaneous No.10066/24 dated 12.11.2024. 7. The learned Sessions Judge while dismissing the petition has observed that almost after a lapse of 9 years, accused has approached the Court. Hence, under these circumstances, granting anticipatory bail will cause obstacle or hindrance to the law enforceable agency to execute NBW. It is further observed that the petitioner can directly appear before the trial Court and seek to recall the NBW. 8. The order sheet maintained by the trial Court reveal that accused No.2 is appearing before the Court. However, accused Nos.1 and 3 are absconding and therefore, NBW is issued against them. The police are however, unable to execute the NBW. Hence, case against - 4 - NC: 2025:KHC:4969 CRL.P No. 13744 of 2024 accused Nos.1 and 3 has been split up. Against accused No.2, charge is already framed. 9. Learned counsel appearing for the petitioner would contend that petitioner was working as a Supplier in a hotel and during the relevant time, in view of Covid-19 pandemic and due to nationwide lockdown, the petitioner was unable to appear before the Court and in the meantime, the case was also transferred from IV Additional ACMM, Bengaluru to III Additional ACMM, Bengaluru. Petitioner was not able to check the status of the case and the summons issued by the trial Court was also not received by him and he was unaware of the NBW issued against him. In the meantime, the trial Court split up the case. She submitted that the petitioner will undertake to appear before the trial Court regularly without fail and will undertake to abide by any conditions. 10. Learned High Court Government Pleader has contended that if the petitioner is granted anticipatory bail, he will once again abscond and thereby delay the trial - 5 - NC: 2025:KHC:4969 CRL.P No. 13744 of 2024 proceedings. He has accordingly, sought to dismiss the petition. 11. Having carefully gone through the entire material on record, I am of the considered view that the petitioner having been released on bail once, is not entitled for anticipatory bail. However, considering the grounds urged by the learned counsel for the petitioner, I deem it appropriate to give him an opportunity to appear before the trial Court and face trial. The petitioner is, therefore, permitted to file necessary application for recalling the NBW and for bail and if such an application is filed within 15 days from today, the learned Magistrate shall enlarge the petitioner on bail imposing such conditions which deems fit in the facts and circumstances of the case. With the above observation, the petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE rs/List No.: 1 Sl No.: 28