- 1 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11393 OF 2025 C/W CRIMINAL PETITION NO. 11404 OF 2025 CRIMINAL PETITION NO. 11435 OF 2025 IN CRL.P No. 11393/2025 BETWEEN: BUDAN KHAN @ BABU S/O LATE HASAN KHAN AGED 50 YEARS R/AT NO. 674, SIX GATE, DAIRA, SALAMULLA STREET, WARD NO. 24, CHANNAPATNA TOWN, RAMANAGARA DIST. - 562 160. …PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: STATE OF KARNATAKA BY CHANNAPATNA EAST POLICE RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CC NO.577/2001 (CR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 NO.82/1999) OF CHANNAPATNA EAST POLICE STATION REGISTERED FOR THE OFFENCES P/U/S 143, 147, 148, 427, 436 R/W 149 OF IPC PENDING ON THE FILE OF THE LEARNED THE HONBLE ADDL.CIVIL JUDGE AND JMFC CHANNAPATNA, IN CRL.P NO. 11404/2025 BETWEEN: BUDAN KHAN @ BABU S/O LATE HASAN KHAN AGED 50 YEARS, R/AT NO. 674, SIX GATE, DAIRA, SALAMULLA STREET, WARD NO. 24, CHANNAPATNA TOWN, RAMANAGARA DIST. 562 160. ...PETITIONER (BY SRI. MANJUNATH B R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNAPATNA EAST POLICE, RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SRI R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CC.NO.580/2001 (CR.NO.85/1999) OF CHANNAPATNA EAST P.S. REGISTERED FOR THEOFFENCES P/U/S. 143, 147, 148, 427, 436 R/W 149 OF IPC PENDING ON THE FILE OF HONBLE ADDL. CIVIL JUDGE AND JMFC CHANNAPATANA. - 3 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 IN CRL.P NO. 11435/2025 BETWEEN: BUDAN KHAN @ BABU S/O LATE HASAN KHAN AGED 50 YEARS R/AT NO. 674, SIX GATE, DAIRA, SALAMULLA STREET, WARD NO. 24, CHANNAPATNA TOWN, RAMANAGARA DIST. 562 160. ...PETITIONER (BY SRI. MANJUNATH B R.,ADVOCATE) AND: STATE OF KARNATAKA BY BY CHANNAPATNA EAST POLICE RAMANAGARA DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.579/2001 (CR.NO.98/1999 OF CHANNAPATNA EAST POLICE STATION REGISTERED FOR THE OFFENCE P/US/ 143,147,148,427,436 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE LEARNED THE HONBLE ADDL. CIVIL JUDGE AND JMFC CHANNAPATNA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These 3 petitions arise out of Crime Nos.82/1999, 85/1999 and 98/1999, of Channapatna East Police Station which are registered on 05.09.1999, against unknown persons. 2. The respective complainants have alleged that during night hours on 05.09.1999, unknown persons/a mob, which had farmed an unlawful assembly, set fire to their shops and caused huge loss to them etc. 3. While filing charge sheet, petitioner was arraigned as one of the accused. As he was absconding throughout, case against him was split up. NBW was issued and proclamation was ordered against him. Case was sent to long Pending Register. Finally he was secured under NBW and taken to custody on 03.03.2025. The learned Sessions Judge has rejected the bail petitions by separate orders, observing that petitioner is a proclaimed - 5 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 offender, offences alleged are serious in nature and if he is granted bail, chances of him again absconding from the jurisdiction of the Court and causing delay in trial is not ruled out. 4. Learned High Court Government Pleader contended that, petitioner has been absconding for more than 26 years and he is a habitual offender and if he is granted bail, he will once again abscond and in that case, there will be further delay in trial. 5. It is brought to the notice of the Court by the learned counsel for petitioner that 9 of the accused who were charge sheeted along with the petitioner have been acquitted. A copy of the judgment passed by the Sessions Court in S.C.No.10/2002 dated 05.02.2002 is furnished, wherein it is seen that some of the accused (9 accused) who faced trial were acquitted by the Sessions Court, holding that the prosecution has failed to prove the case against them. - 6 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 6. Learned counsel submits that petitioner was not aware of the case registered and filing of charge sheet against him. 7. It is no doubt that petitioner is a proclaimed offender and he is secured under warrant. The present cases are pending before the Trial Court for more than 26 years. However, it is to be noted that FIR was registered against unknown persons and while filing charge sheet, petitioner was arraigned as one of the accused along with 11 others. The accused who have faced trial have been acquitted. It is the contention of the learned counsel that the petitioner is innocent of the alleged offence and he has been falsely implicated in all these cases. He would submit that petitioner will furnish sufficient surety to ensure his regular presence before the Trial Court and abide by any conditions which may be imposed by the Court. 8. Petitioner is in custody since 03.03.2025. Prayer for bail cannot be denied to give the petitioner, a taste of imprisonment. Considering the fact that - 7 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 co-accused are acquitted, imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following:- ORDER i) Petitions are allowed. ii) Petitioner/accused in C.C.No.577/2001 (Crime No.82/1999 of Channapatna East Police Station), C.C.No.580/2001 (Crime No.85/1999 of Channapatna East Police Station) and C.C.No.579/2001 (Crime No.98/1999 of Channapatna East Police Station), Pending on the file of the learned Additional Civil Judge and JMFC, Channapatna, shall be released on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) in each petitions with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court. - 8 - HC-KAR NC: 2025:KHC:33970 CRL.P No. 11393 of 2025 C/W CRL.P No. 11404 of 2025 CRL.P No. 11435 of 2025 2. He shall furnish proof of his residential address and contact number 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. 6. He shall mark his attendance before Channapatna East Police Station on every Sunday between 10:00 a.m. and 01:00 p.m. till conclusion of the trial. Violation of above condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34