- 1 - HC-KAR NC: 2025:KHC:37777 CRL.P No. 12741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12741 OF 2025 BETWEEN: ASHWAK KHAN @ ASHU @ RAFIQ KHAN S/O REHMAN KHAN @ ASHRAF KHAN AGED ABOUT 44 YEARS R/AT, NO.161, SHIVAJI ROAD, NEAR MALIK TEA SHOP, SHIVAJI NAGAR BANGALORE- 560051. …PETITIONER (BY SRI. TAHIR, ADVOCATE) AND: STATE BY SHIVAJI NAGAR PS REP BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPPOSITE VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.606/2014 ARISING OUT OF CRIME NO.205/2013, SHIVAJI NAGAR POLICE STATION, FOR THE ALLEGED OFFENCES U/S 363, 307, 504 R/W 34 OF IPC, NOW PENDING ON THE FILE OF THE HONBLE 66TH ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-67), WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37777 CRL.P No. 12741 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in Crime No.205/2013 of Shivajinagar Police Station, registered for the offence punishable under Section 504, 307, 363 r/w 34 of IPC was initially granted bail on 30.11.2013, but remained absent before the trial Court. Hence, warrants and proclamation were issued against him. He challenged the proclamation order dated 18.12.2018 by way of W.P.No.22370/2025, which was disposed of vide order dated 24.07.2025, reserving liberty to him to approach the trial Court and file appropriate application. Further, the impugned proclamation warrant as well as non-bailable warrant issued against him was kept in abeyance and the trial Court was directed not to take any precipitative/coercive steps against him. Subsequent to which, petitioner filed surrender application and - 3 - HC-KAR NC: 2025:KHC:37777 CRL.P No. 12741 of 2025 application for bail on 12.08.2025. The learned Sessions Judge has rejected the said bail application vide order dated 21.08.2025. 2. FIR is registered against accused Nos.1 to 3, wherein it is alleged that on 04.10.2013 at 11.15 p.m., the said accused picked up quarrel with the complainant – CW.1 and with an intention to commit his murder, abducted him in a car, assaulted with hands, tore his clothes with a knife and then robbed a cash of Rs.30,000/- and also assaulted on the head with the hind portion of the knife etc. 3. Petitioner is arraigned as accused No.2. Undisputedly accused No.1 and 3 are no more. In the absence of the accused, the evidence of the victim - CW.1 has been recorded. It is pointed out by the learned counsel for petitioner that the said witness has categorically stated that he was assaulted by accused Nos.1 and 3. He further submits that the said witness- CW.1 is now no more. - 4 - HC-KAR NC: 2025:KHC:37777 CRL.P No. 12741 of 2025 4. The learned Sessions Judge has rejected the bail petition, observing that inspite of having knowledge about the case, the petitioner has remained absent and therefore, there are all chances that he may flee away from justice. 5. Petitioner has voluntary surrendered before the Court on 12.08.2025. He is in judicial custody since then. He has undertaken to appear before the trial Court regularly henceforth. In view of the same, his further detention in custody may not be required, considering the fact that the evidence of CW.1 is already recorded. He is said to be residing in the address shown in the causetitle. He is ready to offer adequate surety to ensure his regular presence before the trial Court. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in S.C.No.606/2014 pending before the 66th Additional City Civil and Sessions Judge at Bengaluru (CCH-67) (Crime No. 205/2013 of - 5 - HC-KAR NC: 2025:KHC:37777 CRL.P No. 12741 of 2025 Shivajinagar Police Station, Bengaluru City) shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 51