- 1 - HC-KAR NC: 2025:KHC:50488 CRL.P No. 14320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14320 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. THIRUKUMAR @ KUTTI @ KUTTIRAJ S/O LATE MUNISWAMY AGED ABOUT 55 YEARS R/AT No.03, 2ND CROSS OPP TO SRINIDHI HOTEL BANASWADI, BENGALURU. …PETITIONER (BY SRI. NARAYANA SWAMY M, ADVOCATE) AND: 1. STATE BY PULAKESHINAGAR P S, BANGALORE. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER WHO IS ACCUSED No.1 IN CR.No.114/2020, CC.No.54174/2023 REGISTERED BY PULAKESHINAGAR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143,147,148,447,307,120(B) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50488 CRL.P No. 14320 of 2025 READ WITH 149 OF IPC, UNDER SECTION 27 OF ARMS ACT OF PULAKESHINAGAR P.S. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 439 of Cr.P.C and 483 of BNS praying to grant bail in Crime No.114/2020 of Pulakeshinagar Police Station registered for offences punishable under Sections 143, 147, 148, 447, 307, 120-B, read with Section 149 of IPC and Section 27 of Arms Act pending in C.C.No.54174/2023 on the file of XI A.C.M.M., Mayo Hall, Bengaluru. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the petitioner has been granted bail and released on bail on 08.04.2021. Thereafter, he could not appear before the Court and he has been secured by executing NBW on 08.08.2025. The petitioner was totally - 3 - HC-KAR NC: 2025:KHC:50488 CRL.P No. 14320 of 2025 in jail for 14 months. The petitioner is suffering from diabetes. There was miscommunication between petitioner and his counsel. Therefore, he could not appear in the case registered against him. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner has violated bail conditions and remained absent for 04 years and 04 months. The petitioner has been secured by executing NBW. The Magistrate has issued NBW and proclamation against the petitioner. Due to the absence of this petitioner, the case registered against him could not be disposed of. If the petitioner is again granted bail, he will not be available for trial and it will cause hindrance in disposal of the case registered against him. With these, she prays to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheets and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:50488 CRL.P No. 14320 of 2025 6. The petitioner is accused No.1 in Crime No.114 of 2020 of Pulakeshinagar Police Station registered for offences under Section 447, 307, 120B read with Section 34 of IPC and Section 27 of the Arms Act. The petitioner has been granted bail and he has been released on bail on 08.02.2021 in C.C.No.54400/2020. Subsequently, the petitioner has not appeared in the said Criminal Case. The case against the petitioner has been split up and now registered in C.C.No.54174/2023. The petitioner has been secured by executing NBW on 08.08.2025 and he is in custody since then. The petitioner remained absent for a period of 04 years and 04 months. Due to absence of the petitioner, the trial could not be proceeded with. The petitioner has violated bail conditions. Merely because the petitioner is suffering from diabetes and he has lost communication with the counsel is not acceptable reason for his absence for a period of 04 years and 04 months. The petitioner is having criminal antecedents involved in 35 cases and he is rowdy sheeter. If, the petitioner is - 5 - HC-KAR NC: 2025:KHC:50488 CRL.P No. 14320 of 2025 again granted bail, there are chances of he absconding and delay the trial of the case registered against him. Considering all above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 1 Ct.sm