- 1 - HC-KAR NC: 2025:KHC:37643 CRL.P No. 12885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12885 OF 2025 BETWEEN: SRI ABDUL NASIR S/O. IBRAHIM AGED ABOUT 30 YEARS, R/AT PARVA HOUSE, SAJIA MOODA VILLAGE, BANTWAL, DAKSHINA KANNADA-574 211. …PETITIONER (BY SRI. HARISH N.R.,ADVOCATE) AND: THE STATE OF KARNATAKA BY BARKE POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001 …RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN RESPECT OF S.C NO.100/2024 PENDING ON THE FILE OF LEARNED VI ADDL. DIST. AND SESSIONS JUDGE AT D.K, MANGALURU ARISING OUT OF CR.NO.05/2018 REGISTERED BY THE BARKE POLICE, FOR THE O/P/U/S 120B, 427, 504, 147, 143, 148, 323, 307, 332, 324, 353 R/W 149 OF THE IPC, R/W SEC.2B OF THE KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981, BY ALLOWING THIS PETITION. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37643 CRL.P No. 12885 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 to enlarge him on bail in a case registered in Crime No.5/2018 of Barke Police Station, Mangaluru City, for the offence Punishable under Section 427, 504, 147, 143, 148, 323, 307, 332, 324, 353 and 149 of IPC, and Section 2(B) of The Karnataka Prevention Of Destruction And Loss Of Property Act 1981, (for short 'KPDLP Act, 1981'). 2. FIR is registered against 40 undertrial prisoners, based on a complaint lodged by the Chief Warder of District Prison, Mangaluru. It is alleged that on 08.01.2018, at about 05:40 p.m., when the complainant was on duty near the entrance of 'A' and 'B' block of the prison, the under trial prisoners quarreled with each other, broke open the entrance door of B-Block and damaged the scanning machine, computers and other - 3 - HC-KAR NC: 2025:KHC:37643 CRL.P No. 12885 of 2025 articles and caused loss to the tune of Rs.1,00,000/- and even tried to kill him etc. 3. Charge sheet was filed for the offence Punishable under Section 120-B, 143, 147, 148, 504, 323, 324, 353, 332, 427, 307 read with Section 149 of IPC and Section 2(B) of the KPDLP Act, and Section 45 of the Karnataka Prisoners Act, 1963. 4. Accused was initially enlarged on bail on 25.04.2018. Thereafter, he remained absent inspite of repeated NBWs issued against him to secure his presence. He was produced under NBW on 03.07.2025 and he has been remanded to custody. 5. The learned Sessions Judge, has dismissed the bail petition on the ground that if he is admitted to bail, he may tamper and allure the prosecution witnesses and he may flee away from justice. 6. The prosecution has contended that accused is involved in several other criminal cases which are pending trial and he is a habitual offender. - 4 - HC-KAR NC: 2025:KHC:37643 CRL.P No. 12885 of 2025 7. It is contended by the learned counsel for petitioner that the petitioner is innocent of the alleged offence and he has been falsely implicated. He contended that summons were not served on the petitioner and even after a lapse of more than 5 years, the trial has not commenced. 8. Petitioner has undertaken to appear before the Trial Court regularly henceforth. His detention in custody will not serve any purpose as the trial is yet to begin. Hence, by imposing stringent conditions, petitioner can be released on bail, making it clear that no further indulgence will be shown, if petitioner violates the conditions of bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.4 in S.C.No.100/2024, (Crime No.5/2018 of Barke Police Station) pending on the file of learned VI Additional District and Sessions Judge at - 5 - HC-KAR NC: 2025:KHC:37643 CRL.P No. 12885 of 2025 Dakshina Kannada, Mangaluru, shall be enlarged on bail subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which one shall be local surety, 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 regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 1