- 1 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12872 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR ABID KHAN @ KADEKAL ABID S/O MUNAVAR SAB, AGED ABOUT 35 YEARS, MASON, R/O KADE KALLU, SHIVAMOGGA-577201 …PETITIONER (BY SRI. MALATESH H, ADVOCATE) AND: 1. THE STATE THROUGH THE RURAL POLICE INSPECTOR, BHADRAVATHI, SHIVAMOGGA DISTRICT, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU)-01 …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT AN ORDER OF REGULAR BAIL TO THE PETITIONER IN REJECTION OF THE BAIL PETITION DATED 23.07.2025 IN S.C.NO.5058/2021 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BADRAVATHI IN CONNECTION WITH Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 CR.NO.31/2019 OF BADRAVATHI RURAL POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT FOR THE OFFENCE UNDER SECTIONS 399 AND 402 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.2 under Section 439 of Criminal Procedure Code praying to grant bail in SC No.5058/2021 pending on the file of the learned IV Additional District and Sessions Judge, Shivamogga, (sitting at Bhadravathi) arising out of Crime No.31/2019 of Bhadravathi Rural Police Station for the offences punishable under Sections 399 and 402 of IPC. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State. 3. The learned counsel for the petitioner would contend that, the petitioner could not be present on 08.05.2025 as he was arrested in Crime No.12 of 2025. - 3 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 Therefore, there was no any intention on the part of the petitioner to remain absent. The petitioner, who was in judicial custody in Crime No.12 of 2025, has been secured under body warrant on 15.05.2025, and he has been remanded to judicial custody. He was earlier granted bail in the present case. Therefore, he is entitled for grant of bail with conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the petitioner while on bail has committed another offence. If he is granted bail, he will commit similar offence. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the materials placed on record. 6. The petitioner has been granted bail in Crime No.31 of 2019 registered for the offences punishable under Sections 399 and 402 of IPC of Bhadravathi Rural - 4 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 Police. Subsequently, charge sheet has been filed, and case has been committed. Now the said case is pending in SC No.5058 of 2021 on the file of the learned IV Additional District and Sessions Judge, Shivamogga, (sitting at Bhadravathi). 7. The petitioner was regularly appearing in the said case. He remained absent on 08.05.2025 and the NBW has been issued against him. On 15.05.2025, the Court on coming to know that, he is in judicial custody in another case, issued a body warrant against him. The petitioner has been secured under body warrant on 06.06.2025, and he has been remanded to judicial custody. The order sheet of Crime No.12/2025 indicates that, the petitioner has been arrested, and produced to the Court on 27.03.2025, and has been released on bail on 28.08.2025. Considering the same, the absence of the petitioner is for the reason that, he has been arrested and in judicial custody in another case. The petitioner earlier had been granted bail in the present case. - 5 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 8. Considering the said aspect, the petitioner is entitled for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.5058 of 2021 pending on the file of the learned IV Additional District and Sessions Judge, Shivamogga (sitting at Bhadravathi) arising out of Crime No.31/2019 of Bhadravathi Rural Police Station registered for the offences punishable under Sections 399 and 402 of IPC subject to following conditions. (a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court; - 6 - HC-KAR NC: 2025:KHC:43850 CRL.P No. 12872 of 2025 (b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; (c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. (d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the prosecution is entitled to seek cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 4