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High Court of Karnataka · body

2025 DAILYLAW 73191 (KAR)

ARUN MALIK v. STATE OF KARNATAKA BY

CRL.P/10204/2025 · 2025-09-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37387 CRL.P No. 10204 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.10204 OF 2025 BETWEEN: ARUN MALIK S/O BANUVALI MALIK AGED ABOUT 28 YEARS PERMANENT RESIDENT OF BASUDEPURA BRADRAK DISTRICT ORISSA STATE …PETITIONER (BY SRI. NAVEEN KUMARA P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO, MALPE POLICE STATION UDUPI DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. MR. ADHIKANTH MALIK S/O VAIDYANATH MAILK AGED ABOUT 40 YEARS PERMANENT RESIDENT OF BASUDEPURA BRADRAK DISTRICT ORISSA STATE. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; R2 - SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37387 CRL.P No. 10204 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.24/2022 AND SC.NO.21/2025 FOR ALLEGED OFFENCES UNDER SECTION 307 OF IPC REGISTERED BY THE RESPONDENT/MALPE POLICE STATION, NOW PENDING ON THE FILE OF HONOURABLE PRL. DISTRICT AND SESSIONS JUDGE, UDUPI. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Petitioner is the sole accused in Crime No.24/2022 of Malpe Police Station, Udupi registered for an offence punishable under Section 307 of Indian Penal Code. 2. The incident took place on 02.03.2022 at about 8:30 p.m., at Malpe Bandaru, Kodavoor, Udupi. It is alleged that the petitioner tried to attack the first informant by name Adhikanth Mallik with a knife, with an intention to commit his murder. 3. It is not in dispute that the petitioner was granted bail by the Sessions Court vide order dated 29.04.2022 and on furnishing surety, he was released - 3 - HC-KAR NC: 2025:KHC:37387 CRL.P No. 10204 of 2025 from the prison on 04.05.2022. However, he jumped bail, hence his bail bonds were forfeited. He was secured under NBW on 02.04.2025. The learned Sessions Judge has rejected his prayer for bail vide order dated 16.05.2025. It is observed by the Sessions Court that there is every possibility of petitioner absconding again if he is granted bail. 4. The Sessions Court has released the petitioner on bail imposing conditions. Petitioner has remained absent before the Trial Court for 3 years, due to which the trial could not be commenced. It is observed by the learned Sessions Judge that petitioner went absconding as soon as he was released on bail and he could be secured only on 02.04.2025. Moreover, the petitioner is a resident of Odisha State. As rightly observed, if bail is granted, there is every chance of petitioner once again fleeing from justice. - 4 - HC-KAR NC: 2025:KHC:37387 CRL.P No. 10204 of 2025 5. If the trial is not concluded within a period of 4 months from today, petitioner is at liberty to move for bail before the Sessions Court. 6. With the above observation, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE RHS List No.: 1 Sl No.: 36