- 1 - HC-KAR NC: 2025:KHC:35461 CRL.P No. 11566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11566 OF 2025 BETWEEN: BABA @ CHAPPAR BABA @ ZAMEER PASHA S/O ABDUL WAHAB, AGED ABOUT 39 YEARS, R/AT. 10, 3RD CROSS, 8TH MAIN, BEHIND FILOMINA HOSPITAL, NAGAWARA, BANGALORE-560 045. …PETITIONER (BY SRI. R. PRASANNA RAO, ADVOCATE) AND: STATE OF KARNATAKA SHO OF JAGAJEEVANRAM NAGAR P.S., REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.7 ON BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTION 399 AND 402 OF IPC IN CR.NO.213/2013 OF JAGAJEEVANRAM NAGAR P.S. PENDING IN SC.NO.351/2020 ON THE FILE OF THE IN THE COURT OF THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-67) AT BANGALORE. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35461 CRL.P No. 11566 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 is seeking bail in S.C.No.351/2020 pending on the file of the Court of LXVI Additional City Civil and Sessions Judge (CCH-67) at Bengaluru. 2. The above case arises out of Crime No.213/2013 of Jagajeevanramnagar Police Station, registered for the offence punishable under Section 399 and 402 of IPC. 3. It is alleged that on 28.08.2013 at about 9.45 – 10.00 p.m., the accused in order to commit dacoity, assembled near Hindu Burial Ground Compound, old Guddadahalli Main Road, Bengaluru City, armed with dangerous weapons. Four of the accused were apprehended from the spot. The remaining three escaped. - 3 - HC-KAR NC: 2025:KHC:35461 CRL.P No. 11566 of 2025 From the arrested accused, two motorcycles and weapons were recovered. 4. The materials on record reveal that petitioner was granted bail, but he violated the conditions by remaining absent before the Court. Hence, case against him was split-up from the main case and NBW was issued. He was then arrested and remanded to judicial custody. Though the crime was registered on 28.08.2013, trial could not be completed in view of the abscondence of petitioner. 5. It is submitted by the learned counsel for petitioner that the petitioner was unable to attend the court proceedings because of his ill-health. He was not aware about the spilt-up case. He was in judicial custody in another case registered in C.C.No.6636/2020 from 2020 to 2021, due to which, summons were not served upon him. Further, he was unable to contact his counsel and therefore, he could not appear before the trial Court. - 4 - HC-KAR NC: 2025:KHC:35461 CRL.P No. 11566 of 2025 6. The above grounds urged by the learned counsel cannot be accepted to enlarge the petitioner on bail. The incident is of the year 2013. Even accepting that the petitioner was in custody in another case during 2020-2021, till 2025, he was not available and he did not appear before the trial Court. Moreover, the learned HCGP submitted that petitioner was involved in seven more cases, which indicate that the petitioner is a habitual offender. In spite of grant of bail in this case, he has not violated the conditions. If the petitioner is released on bail, there are chances petitioner fleeing from justice, leading to further delay in trial. Hence, at this stage, this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB,TL List No.: 1 Sl No.: 74