- 1 - HC-KAR NC: 2025:KHC:48125 CRL.P No. 13565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13565 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. AJAY @ AJEY @ SOOTHALIBETTU S/O SATHISH AGED ABOUT 27 YEARS RESIDING AT No.14 SHAMBHULINGESHWARA AREA BESIDE SHIVANNA’S HOUSE HULIMAVU VILLAGE BANNERGHATTA ROAD BENGALURU - 560 076. …PETITIONER (BY SRI PRASANNA D.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HULIMAVU POLICE STATION BENGALURU REPRESENTED BY S.P.P HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C No.1532/2018 ON THE FILE OF LXI ADDL.CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU IN RESPECT TO CR.No.53/17 OF THE RESPONDENT HULIMAVU POLICE FOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48125 CRL.P No. 13565 of 2025 THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 326,307,504 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 439 of Cr.P.C. praying to grant bail in S.C.No.1532/2018 arising out of Crime No.53/2017 of Hulimavu Police Station registered for offences punishable under Sections 326, 307 and 504 of IPC pending on the file of the LXI Additional City Civil and Session Judge, Bangalore. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the petitioner has been granted bail by order dated 07.04.2017 and thereafter, the case has been committed to Sessions Court. In the Sessions Court also the petitioner appeared till 27.06.2024. Thereafter, he - 3 - HC-KAR NC: 2025:KHC:48125 CRL.P No. 13565 of 2025 remained absent and NBW has been issued against him and he has been secured by executing NBW on 27.03.2025. He has been remanded to judicial custody. The petitioner could not attend the Sessions Court as he was suffering from Jaundice and he has taken Ayurvedic treatment. The petitioner undertakes to appear before the trial Court and co-operate for speedy trial. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the petitioner is in the habit of remaining absent and getting recalled NBW issued against him. The petitioner remained absent from 27.06.2024 till he was secured by executing NBW against him on 27.03.2025. There is no other reason assigned for his absence. The absence of the petitioner caused delay in disposal of 07 years old case. If the petitioner is granted bail, there are chances of again he remaining absent and causing delay in disposal of the case registered against him. With these, she prays for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:48125 CRL.P No. 13565 of 2025 5. Having heard learned counsels, the court has perused charge sheet and other materials placed on the record. 6. The petitioner is facing trial for offences punishable under Section 307, 326, 504 of IPC in S.C.No.1532/2018 arising out of Crime No.53/2017 of Hulimavu Police Station. The petitioner has been granted bail by order dated 07.04.2017 and he has been released on bail. Thereafter, case has been committed to the Sessions Court pending in S.C.No.1532/2018. As observed by the Sessions Court, the petitioner remained absent on 08.11.2021 and NBW has been recalled on 09.02.2022. Thereafter, again the petitioner remained absent on 06.06.2023 and NBW has been recalled on 07.08.2023. Thereafter, again the petitioner remained absent from 27.06.2024 and he has been secured by executing NBW on 27.03.2025. The petitioner has not produced any documents as he was suffering from Jaundice and he has taken treatment. In para No.10, the Session Court observed that the petitioner has not - 5 - HC-KAR NC: 2025:KHC:48125 CRL.P No. 13565 of 2025 produced any documents as he was admitted in rehabilitation Centre. The case registered against the petitioner is more than 07 years. Due to absence of the petitioner, the delay has been caused in disposal of the case. If the petitioner is granted bail, there are chances of he remaining absent and causing delay in disposal of the case. 7. Considering above aspects, the petitioner has not made any grounds for grant of bail. In the result, the petition is dismissed. 8. Since the case is 07 years old, the trial Court is directed to dispose the same within one year from the date of receipt of copy of this order. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 28