- 1 - HC-KAR NC: 2025:KHC:48345 CRL.P No. 12479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12479 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: SHASHIKUMAR @ SHASHI S/O SIDDALINGAPPA, AGED ABOUT 27 YEARS, R/AT: KRISHNAPPA BUILDING, NIDUVANDA COLONY, BESIDE CHOWDESHWARI TEMPLE, DABASPETE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132. …PETITIONER (BY SRI. SENTHIL KUMAR D.U., ADVOCATE) AND: STATE BY PEENYA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48345 CRL.P No. 12479 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN PETITIONER ON C.C.NO.37318/2021 WHICH IS SPLIT FROM C.C.NO.1680/2018 PENDING BEFORE XXXI ACMM, BENGALURU, ARISING FROM CRIME NO.480/2018 FILED BEFORE PEENYA POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 307, 120(B) READ WITH SECTION 149 OF IPC AGAINST THE ABOVE PETITIONER. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 /Section 438 of Cr.PC praying to grant anticipatory bail in CC No.37318/2021 (arising out of Crime No.480/2018) of Peenya Police Station registered for the offences punishable under Sections 143, 147, 148, 307, 120B read with 149 of IPC. 2. Heard the learned counsel for petitioner, and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that, the petitioner has been granted bail during the crime stage by order dated 28.12.2018. After filing charge sheet, he - 3 - HC-KAR NC: 2025:KHC:48345 CRL.P No. 12479 of 2025 had appeared before the Committal Court till 20.02.2021. On 20.2.2021, he remained absent and NBW has been issued, and case against him has been split up, and registered in CC No.37318/2021. Now proclamation has been issued against this petitioner, and therefore, he apprehends his arrest. The petitioner could not appear before the Committal Court due to COVID-19, as he went to his native place, With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the petitioner, who is granted bail, is now not entitled for grant of anticipatory bail in the same crime. Due to the absence of the petitioner, the case against him has been split up, and still it is pending in Committal Court. The absence of the petitioner has caused delay in disposal of the case registered against him. If he is granted anticipatory bail, he will again remain abscond and it will hamper the disposal of the case. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the materials placed on record. - 4 - HC-KAR NC: 2025:KHC:48345 CRL.P No. 12479 of 2025 6. The petitioner is alleged to have committed offences under Sections 143, 147, 148, 149, 307 of IPC in Crime No.480/2018 of Peenya Police Station. He has been granted bail by order dated 28.12.2018, and subsequently he has been released on bail. He remained absent, and therefore, the case against him came to be split up, and registered in CC No.37318/2021. He could not appear in the said split up case. Therefore, the Committal Court has issued NBW and Proclamation. In the same crime, the petitioner has been granted regular bail. Therefore, there is no question of granting anticipatory bail in the same crime. If NBW has been issued to the petitioner, the remedy to him is to appear before the Committal Court, and seek recall of the NBW issued against him. He has not assigned any acceptable reasons for his absence for more than four and a half years. The absence of the petitioner has caused a delay in disposal of the case registered against him. 7. Considering the above aspects, the petitioner has not made out any grounds for grant of anticipatory bail. - 5 - HC-KAR NC: 2025:KHC:48345 CRL.P No. 12479 of 2025 In the result, the following: ORDER The petition is dismissed. If the petitioner files any application seeking recall of NBW issued against him, the Committal Court shall dispose of the same in accordance with law on the same day. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1