- 1 - HC-KAR NC: 2025:KHC:38291 CRL.P No. 11784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11784 OF 2025 BETWEEN: MANJUNATH NAIK S/O ISHWAR NAIK, AGED ABOUT 52 YEARS, R/AT NO.60, HUBBANAGERI, KUMTA, HUBBANAGERI POST, UTTAR KANNADA - 581351. …PETITIONER (BY SRI. BIKKANNAVAR SHANKAR TAMMANNA, ADVOCATE) AND: STATE OF KARNATAKA BY HSR LAYOUT POLICE-560102 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.22/2011 REGISTERED BY HSR LAYOUT POLICE, NOW PENDING IN C.C.NO.8334/2016 BEFORE XXXIX ACJM, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 471, 420, 511 R/W SECTION 34 OF IPC. THIS PETITION COMING ON FOR ORDERS 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 - HC-KAR NC: 2025:KHC:38291 CRL.P No. 11784 of 2025 ORAL ORDER Petitioner, arraigned as accused No.3, was initially enlarged on bail by the learned Magistrate in connection with the case registered in Crime No.22/2011 by HSR Layout Police Station, Bangalore City for the offence punishable under Section 465, 468, 473 r/w 34 of IPC. As he failed to appear before the trial Court continuously, NBW was issued and proclamation was published against him. The learned Sessions Judge has dismissed his prayer seeking anticipatory bail vide order dated 26.03.2025 in Crl.Misc.No.2157/2025 observing that apprehension of the accused is imperative for securing his presence during trial and for upholding the sanctity of judicial orders and possibility of the petitioner absconding again, intimidating witnesses, or interfering with the course of trial cannot be ruled out, particularly in view of his prior conduct. 2. Charge sheet is filed in this case against Accused Nos.1 to 4 for the offence punishable under Sections 471, 420 read with 511 and 34 of IPC. Complaint is lodged by - 3 - HC-KAR NC: 2025:KHC:38291 CRL.P No. 11784 of 2025 the Manager, BMTC, Depot - 25, HSR Layout, Bengaluru. It is alleged that the accused have colluded with each other and created documents purported to be the appointment orders, with duplicate seals and fabricated signatures impersonating the authority of BMTC, claiming to have appointed to various posts in the said Corporation. It is alleged, upon scrutiny, the documents were found to be forged, containing duplicate seals and fabricated signatures of authority of BMTC etc. 3. Undisputedly, the petitioner was granted bail by the learned Magistrate initially. For four long years, charge sheet was not filed. As could be seen, the charge sheet was filed on 10.01.2015. The contention of the learned counsel for petitioner is that no summons were served on the petitioner and therefore, subsequent warrant and proclamation proceedings are vitiated. 4. It is no doubt true that the case is pending before the trial Court from 2011. However, according to the learned counsel for petitioner, petitioner has never - 4 - HC-KAR NC: 2025:KHC:38291 CRL.P No. 11784 of 2025 received the summons/warrant and he was unaware of the case proceedings. However, petitioner having released on bail initially, is not entitled for anticipatory bail. Considering the facts and circumstances, petitioner can be directed to appear before the trial Court and file necessary application to enlarge him on bail. If any such application is filed within a period of one week from the date of receipt of a copy of this order, the jurisdictional Court shall enlarge him on bail by imposing conditions which it deems fit in the facts and circumstances. 5. The petitioner shall strictly adhere to the conditions imposed. Violation of the same shall lead to cancellation of bail. With above observations, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 24