- 1 - HC-KAR NC: 2025:KHC:44677 CRL.P No. 14532 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14532 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAVEEN KUMAR. R @ PAPU S/O RAJU N AGED ABOUT 30 YEARS #123, CHIKKA DINNE BEHIND AMBABHAVANI TEMPLE ATTUR LAYOUT, BENGALURU - 560 064. …PETITIONER (BY SRI VISHWAS GOWDA G M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY YELAHANKA NEW TOWN POLICE STATION, REP. BY SPECIAL PUBLIC PROSECUTOR 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 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC No.1161/2019 ON THE FILE OF THE HON’BLE LXII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU REGISTERED BY THE RESPONDENT POLICE AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44677 CRL.P No. 14532 of 2025 SECTIONS 141, 143, 147, 341, 323, 324, 427, 448, 307 R/W 149 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 accused No. 5 under Section 483 of BNSS praying to grant bail in a SC No.1161/2019 pending on the file of LXII Additional City Civil and Sessions, Bengaluru registered for offences punishable under Sections 141, 143, 147, 341, 323, 324, 427, 448, 307 and Section 149 IPC. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the petitioner who has been granted bail was present till 26.12.2022. Subsequently, he remained absent from 25.01.2022 and he has been secured by executing warrant - 3 - HC-KAR NC: 2025:KHC:44677 CRL.P No. 14532 of 2025 on 02.07.2025. He submits that petitioner lost contacts with his counsel and therefore, he could not appear. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. With these he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that due to absence of this petitioner for a period of 3 ½ years the case has not been progressed. During that period accused Nos. 1 to 4 have appeared in the case. Due to absence of this petitioner even charge has not been framed. The absence of this petitioner has caused hindrance in the progress of the case. If the petitioner is again granted bail, he will remain absent and it will cause delay in disposal of the case. With this she prayed for dismissal of the petition. 5. Having heard learned counsels, the Court has perused the materials placed on record. - 4 - HC-KAR NC: 2025:KHC:44677 CRL.P No. 14532 of 2025 6. Petitioner is accused No.5 facing trial along with other accused in SC No.1161/2019 for the aforesaid offences. The petitioner earlier has been granted bail. He appeared in this sessions case till 26.12.2022. Thereafter, he did not appear from 25.01.2022 till 02.07.2025. On 02.07.2025, he has been secured by executing NBW issued against him. During 3 ½ years the Court has issued NBW, proclamation to secure the presence of the petitioner. During the said period of 3 ½ years, accused Nos. 1 to 4 have appeared and due to absence of this petitioner, case has not been progressed. Even charge has not been framed. The petitioner has violated bail conditions. The absence of the petitioner for 3 ½ years has caused delay in commencement of the trial of the sessions case. The reason assigned that the petitioner has lost contact with his counsel is not a ground for grant of bail as he has violated conditions imposed at the time of grant of bail and remained absent for 3 ½ years. If the petitioner is again granted bail, he will again remain absent and it will - 5 - HC-KAR NC: 2025:KHC:44677 CRL.P No. 14532 of 2025 hamper the progress of the case. The petitioner has not made out any grounds for grant of bail. Hence, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 18 Ct.sm