- 1 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13254 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SANJAY @ KENCHA S/O. MANJANNA, AGED ABOUT 22 YEARS, R/AT OPP. DAVANAGERE HOTEL, KASHIPURA, SHIVAMOGGA TOWN, SHIVAMOGGA DISTRICT-577 204. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, VINOBHANAGAR POLICE STATION, REPRESENTED BY THE 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:47562 CRL.P No. 13254 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.186/2022 PERTAINING TO VINOBANAGARA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC, NOW PENDING ON THE FILE OF HONBLE COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIMOGA. 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.1 under Section 483 of Bharathiya Nagarika Suraksha Sanhitha, 2023 praying to grant bail in Crime No.186/2022 of Vinobanagara Police Station registered for the offences punishable under Sections 399 and 402 of IPC pending in SC No.134 of 2024 on the file of the learned III Additional District and Sessions Judge, Shimogga. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that, the petitioner has been granted bail by order - 3 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 dated 12.09.2022 passed in Crl.Misc.849/2022, and he has been released on 14.09.2022. Thereafter, the petitioner was present till 02.01.2024. He remained absent on 16.03.2024, and subsequently he has been secured under body warrant, and remanded to judicial custody on 14.08.2024. He could not appear because he was in judicial custody in some other case. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the petitioner is a habitual offender, and he is involved in nineteen cases, and those cases include theft, and robbery cases and the offence under NDPS Act. He is involved in Crime No.147 of 2023 of Vinobanagara Police Station for commission of offence under NDPS Act. The said offence has been committed after he has been granted bail, and he has violated the condition imposed in the order dated 12.09.2022. If the petitioner is again granted bail, there - 4 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 are chances of committing offences, and not available for trial. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and charge sheet and other materials placed on the record. 6. The petitioner has been granted bail in Crime No. 186/2022 of Vinobanagara Police Station registered for the offences punishable under Sections 399 and 402 IPC by order dated 12.09.2022 passed in Crl. Misc.No.849/2022. Six conditions were imposed in the said order. One of the conditions i.e. condition No.6 reads as under: "They shall not indulge in the commission of any offences of similar nature." 7. Subsequently charge sheet has been filed and case came to be registered in CC No.1567 of 2022, and he attended the said case till 16.03.2024. On 16.03.2024, he remained absent, and NBW has been issued against him. The case against accused Nos.2, 3 and 5 has been - 5 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 committed to Sessions Court. The case against this petitioner and accused No.4 has been split up and registered in CC No.1524 of 2024. The petitioner has been secured under body warrant and produced on 14.08.2024, and he has been taken to judicial custody. Thereafter, the case came to be committed to the Sessions Court, and registered in SC No.134 of 2024. 8. The list of cases pending against this petitioner wherein he is involved, has been furnished by the learned High Court Government Pleader, and it contains twenty cases including the present Crime No.186 of 2022. 9. After grant of bail, by order dated 12.09.2022 and release on 14.09.2022, he came to be involved in Crime No.168/2022 of Vinobanagara Police Station registered for offences under Sections 457, 380 IPC, Crime No.293/2022 of Thunganagara Police Station for offences under Sections 457, 380 IPC, Crime No.244/2022 Thunganagara Police Station registered for offences under Sections 457 and 380 IPC, Crime No.440/2022 - 6 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 Thunganagara Police Station registered for offence under Section 379, Crime No.122/2022 of Dhoddapete P.S. registered for offences under Section 8(c), 20(b), 22(2)(b) of NDPS Act and Crime No.147/2023 of Vinobanagara Police Station registered for offences under Section 27(B) of NDPS Act. 10. Considering the above aspects, the petitioner has violated the condition No.6 imposed in the order dated 12.09.2022 passed in Crl.Misc. No.849 of 2022. Considering that, there are twenty cases against this petitioner, and he is a habitual offender. If the petitioner is granted bail, there are chances of he again involving in commission of offences. Therefore, he is not entitled for grant of bail. 11. The learned counsel for petitioner submitted that for violation of condition No.6, the prosecution ought to have moved for cancellation of bail. If the prosecution has not moved for cancellation of bail for violating the said condition, it is not a ground for grant of bail. - 7 - HC-KAR NC: 2025:KHC:47562 CRL.P No. 13254 of 2025 12. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2