- 1 - HC-KAR NC: 2025:KHC:49620 CRL.P No. 15393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15393 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI.BENAKESH K.V. S/O VEERAPPA AGED ABOUT 39 YEARS R/AT No. 102, MALALERA BIDI BENAKANAHALLI VILLAGE, HONNALI TALUK DAVANAGERE DISTRICT DAVANAGERE - 577 217. …PETITIONER (BY SRI. AMBAJI RAO NAJRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS N R PURA POLICE STATION N R PURA TALUK, CHIKKAMAGALURU DISTRICT - 577 134. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PREMISES OF HIGH COURT BUILDING BANGALORE - 560 001). …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SC.No.118/2016 ARISING OUT OF CR.No.135/2015 IN CC.No.304/2016 REGISTERED BY N.R.PURA P.S., CHIKKAMAGALURU DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49620 CRL.P No. 15393 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.4 under Section 483 of BNSS/439 of Cr.P.C. praying to grant bail in S.C.No.118/2016 arising out of Crime No.135/2015 of N.R. Pura Police Station ending on the file of II Additional District and Sessions Judge, Chikkamangaluru registered for offences punishable under Sections 395, 109, 397 of IPC. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that the wife of the petitioner met with accident. There was fracture of her leg and therefore, he could not appear before the trial Court. The mother of the petitioner is bed ridden and he is the only person to take care of her. The - 3 - HC-KAR NC: 2025:KHC:49620 CRL.P No. 15393 of 2025 petitioner undertakes to appear before the trial Court. With these, he prays to allow the petition. 4. Per contra, learned High Court Government pleader for the respondent –State would contend that the petitioner has been granted bail at the crime stage and subsequently he remained absent and he has been secured by executing NBW on 17.06.2023. Thereafter, again this Court has granted him bail by order dated 05.10.2023. Again the petitioner remained absent and NBW has been issued against him and he has been secured on 11.07.2025. The absence of the petitioner has caused delay in disposal of the case registered against the petitioner and other accused. The case registered against the petitioner is of the year 2016. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:49620 CRL.P No. 15393 of 2025 6. The case has been registered against the petitioner for offence under Section 395 of IPC in Crime No.135/2025 of N.R. Pura Police Station. During crime stage, the petitioner has been granted bail. Thereafter, the charge sheet has been filed for offences punishable under Sections 395, 109 and 397 of IPC and the case has been committed to Sessions Court and numbered as S.C.No.118/2016. The petitioner remained absent. NBW has been issued against him and he has been secured by executing NBW on 17.06.2023. This Court has granted him bail by order dated 05.10.2023. Thereafter he remained absent on 14.03.2025 and he has been secured by executing NBW on 11.07.2025 and from there he is in judicial custody. The trial is at concluding stage. Only Investigating Officer –C.W.30 has to be examined. C.W.30 was present on 14.03.2025, due to the absence of the petitioner he could not be examined. Absence of the petitioner has caused delay is disposal of the case of the year 2016 (09 years old). If the petitioner is again granted - 5 - HC-KAR NC: 2025:KHC:49620 CRL.P No. 15393 of 2025 bail, there are chances of him again remaining absent and causing delay in disposal of the case. Apart from this petitioner, there are 05 other accused and absence of the petitioner is putting other accused to inconvenience as they have to appear in the case. Considering the above aspects, mainly because the petitioner is having old aged parent and ailing wife is not a ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 14 Ct.sm