- 1 - HC-KAR NC: 2025:KHC:50794 CRL.P No. 13645 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13645 OF 2025 BETWEEN: MR HEMANNA K M S/O. MAALEGEH GOWDA, AGED ABOUT 39 YEARS, R/AT KANCHANAHALLI VILLAGE, MANDYA DISTRICT-571 401. …PETITIONER (BY SRI. SHANKAR H S.,ADVOCATE) AND: STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. B. PUSHPALATHA., ADDITIONAL SPP) THIS CRIMINAL IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN C.C.NO.124/2017 (CRIME NO.89/2017) REGISTERED BY HULIYURUDURGA POLICE STATION, TUMAKURU DISTRICT FOR THE ALLEGED OFFENCE P/US/ 379,414,413,489,201 OF IPC PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC COURT KUNIGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50794 CRL.P No. 13645 of 2025 ORAL ORDER 1. This petition is filed by accused No.2 under Section 438 of Cr.P.C., praying to grant anticipatory bail in CC No. 124/2017 (Crime No.89/2017 of Huliyurdurga PS) registered for offences under Sections 379, 414, 413, 489 and 201 of IPC, pending on the file of Senior Civil Judge and JMFC, Kunigal. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent State. 3. Learned counsel for petitioner would contend that the petitioner was not aware of the filing of the chargesheet against him. Now the petitioner is apprehending his arrest as NBW and proclamation has been issued against him. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum punishment that can be imposed is, 'imprisonment for 07 years'. The petitioner is ready to appear before the trial - 3 - HC-KAR NC: 2025:KHC:50794 CRL.P No. 13645 of 2025 Court and co-operate for speedy disposal. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioner, at crime stage, has sought anticipatory bail in Criminal Miscellaneous No.959/2017 and it came to be rejected by Order dated 09.08.2017 on the ground that the petitioner is a habitual offender. The petitioner, inspite of knowing the pendency of the case registered against him, has remained absconded for more than 08 years. The petitioner is having criminal antecedents and involved in 05 similar cases of theft etc. Considering the said aspect, the petitioner is not entitled to grant anticipatory bail. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the chargesheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:50794 CRL.P No. 13645 of 2025 6. The chargesheet has been filed against the petitioner/accused No.2 for offences under Section 379, 414, 413, 489 and 201 of IPC. The said crime is registered in Crime No.89/2017. At the crime stage, the petitioner had filed a petition under Section 438 of Cr.P.C., seeking anticipatory bail in Criminal Miscellaneous No.959/2017. It came to be rejected by order dated 09.08.2017. The said petition came to be rejected on the ground that the petitioner is a habitual offender having criminal antecedents. Thereafter, several times the trial Court has issued NBW against the petitioner. The trial Court has also issued proclamation against the petitioner. The address of the petitioner as shown in the chargesheet and as shown in the cause title of the petition and his Aadhar card are same. The petitioner was aware of the case pending against him. In spite of knowing the same, petitioner remained absconded for more than 08 years. Now NBW and proclamation have already been issued by the trial Court. The petitioner is involved in 05 cases and he is - 5 - HC-KAR NC: 2025:KHC:50794 CRL.P No. 13645 of 2025 having criminal antecedents. Considering the above aspect, the petitioner is not entitled for grant of discretionary relief of anticipatory bail. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE tsn* List No.: 1 Sl No.: 8