- 1 - HC-KAR NC: 2025:KHC:33638 CRL.P No. 4173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4173 OF 2025 BETWEEN: ASHOK S/O. BASAVARAJU, AGED ABOUT 30 YEARS, R/AT NO. 06, 7TH CROSS, DATTAGALLI, MYSURU CITY, MYSURU- 570020. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.111/2015 (CC.NO.2437/2020) OF VIJAYANAGARA POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCES P/U/S 457 AND 380 OF IPC PENDIGN ON THE FILE OF IV JMFC, MYSURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33638 CRL.P No. 4173 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 before this Court, praying to enlarge him on bail, apprehending his arrest in connection with a case registered in Crime No.111/2015 of Vijayanagar Police Station, Mysuru, now pending in C.C.No.1835/2018 on the file of the IV JMFC, at Mysuru (New No. C.C.No.2437/2020). 2. FIR is registered on a complaint lodged by one Karthik son of Krishna Bhovi, for the offence punishable under Section 380, 454 and 457 of IPC, wherein, it is alleged that some unknown persons have committed theft in his house on 11.05.2015 and took away a sum of Rs.2,00,000/-. Charge sheet came to be filed on 19.07.2018 for the offence punishable under Section 457 and 380 of IPC against accused Nos.1 and 2, wherein, petitioner is arraigned as accused No.2. The order sheet - 3 - HC-KAR NC: 2025:KHC:33638 CRL.P No. 4173 of 2025 would disclose that summons and NBWs were issued to the petitioner and since he was not secured, proclamation and attachment of movable/immovable properties was ordered as per Section 82 and 83 of Cr.P.C. 3. Learned Sessions Judge has rejected the prayer for anticipatory bail on the ground that from the date of registration of the case, petitioner never appeared before the Trial Court and in the event of grant of bail, there is possibility of tampering the witnesses. Further, as per the objection filed by the prosecution, various cases are pending against the petitioner ever since 2014, which makes it clear that he has criminal antecedents and he is a habitual offender. 4. The learned counsel for petitioner has not disputed about criminal cases pending against the petitioner. However, he would contend that in all the cases, petitioner is appearing regularly and in the present case, summons were not served upon him and without assigning any reasons, warrant was issued. Learned - 4 - HC-KAR NC: 2025:KHC:33638 CRL.P No. 4173 of 2025 counsel submits that findings recorded by the Trial Court in its order rejecting the bail petition that notice to surety remained unexecuted, is erroneous, since the petitioner was not arrested at any point of time. 5. From the order sheet of the Trial Court, it is noticed that, no reasons are assigned for issuing NBWs to the petitioner. Be that as it may, FIR is registered against unknown persons. Petitioner has been arraigned as accused No.2 in the charge sheet. He is said to be a permanent resident of Papanna Layout, Mysuru. He has undertaken to furnish sufficient surety to ensure his regular presence before the Trial Court. 6. Considering the above facts and circumstances, petitioner can be directed to appear before the Trial Court (Jurisdiction Court) within a specified time and file an application for bail. If the said application is filed on or before 15.09.2025, he shall be enlarged on bail on such terms and conditions which the Trial Court deems fit in the facts and circumstances. - 5 - HC-KAR NC: 2025:KHC:33638 CRL.P No. 4173 of 2025 Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 19