- 1 - NC: 2025:KHC:247 CRL.P No. 13572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 13572 OF 2024 BETWEEN: SYED MATHEEN, S/O LATE LOKESH, AGED ABOUT 32 YEARS, R/AT NO.122, 9TH CROSS, INDIRAGHANDHI SLUM, EJIPURA, VIVEKNAGAR POST, BENGALURU - 47 …PETITIONER (BY SMT. JAYANTHI .R., ADVOCATE) AND: STATE OF KARNATAKA BY VIVEKNAGAR P.S. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SMT. K.P. YASHODHA, HCPG) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASED ON BAIL IN CR.NO.01/2024 (C.C.NO.57840/2024) PENDING BEFORE THE HONBLE COURT 29TH A.C.J.M MAYO HALL PERTAINING TO THE VIVEKNAGAR POLICE FOR THE OFFENCE P/U/S 109, 307, 120B R/W 34 OF IPC. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:247 CRL.P No. 13572 of 2024 ORAL ORDER The petitioner-accused No.4 is before this Court seeking grant of anticipatory bail in Crime No.1/2024 of Vivekanagar Police Station, pending in CC No.57840/2024 on the file of the learned 29th ACJM, Mayohall, registered for the offences punishable under Sections 109, 307, 120B R/w Section 34 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Parthiban @ Vicky. 2. Heard Smt. Jayanthi R, learned counsel for the petitioner and Smt.K.P.Yashodha, 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 438 of Cr.P.C.?” - 3 - NC: 2025:KHC:247 CRL.P No. 13572 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.4 is seeking grant of anticipatory bail on the apprehension of being arrested. The statement of the injured was recorded and on the basis of the same, FIR came to be registered against accused Nos.1 to 3 and another person as the assailants. It is stated that the petitioner was having motive to cause the death of the injured as the criminal case in Cr.No.106/2021 of Vivekanagar police station was came to be registered alleging that the informant and others have assaulted the petitioner herein. Therefore, it is the contention of the prosecution that the petitioner was having motive to cause the death of the injured and he conspired with accused Nos.1 to 3 and instigated to commit the offence. Accordingly, accused Nos.1 to 3 armed with machete assaulted the injured, as a result of which, he sustained three grievous injuries and one simple injury. The petitioner has never appeared before the Investigating Officer. An absconding charge sheet came to be filed against him while accused Nos.1 to 3 were apprehended and they were in judicial custody. It is - 4 - NC: 2025:KHC:247 CRL.P No. 13572 of 2024 stated by the learned High Court Government Pleader that the petitioner is a habitual offender as four similar cases were registered against him and he is still absconding. Considering all these facts and circumstances, I am of the opinion that the petitioner is not entitled for the discretionary relief of anticipatory bail. 5. Accordingly, I answer the above point in the negative and proceed to pass the following: ORDER The petition is dismissed. Sd/- (M G UMA) JUDGE BH List No.: 3 Sl No.: 7