- 1 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10183 OF 2025 BETWEEN: SRI. NAYAAZ PASHA S/O IMTIYAZ PASHA, AGED ABOUT 38 YEARS, R/AT KONGADIYAPPA, COLLEGE, IN FRONT OF RAMA, COMPLEX ISLAMPURA DODDABALLAPURA, BENGALURU RURAL DISTRICT PIN- 576 101 …PETITIONER (BY SRI. SRINATHA B.V., ADVOCATE) AND: THE STATE OF KARNATAKA BY CITY MARKET POLICE STATION REPRESENTED BY CITY MARKET STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560 001 …RESPONDENT (BY SMT. ASMA KOUSER, ADDL.SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN S.C.NO.210/2025 (CR.NO.95/2021) WHICH IS PENDING ON THE FILE OF THE LXVI ADDL.CITY CIVIL AND SESSION JUDGE AT BENGALURU CITY CRIME REGISTERED BY CITY MARKET POLICE STATION FOR THE OFFENCE P/U/S 395,397 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Sessions Case No.1129/2025 pending before the LXVI Additional City Civil and Sessions Judge Bengaluru City (CCH-67). 2. FIR in Crime No.95/2021 of City Market Police Station, Bengaluru City was registered against four un-known persons, for the offence Punishable under Section 394 of IPC, on a complaint lodged by one Lakshmikanth Ghorai, in respect of A robbery committed in one R. J. Jewellery Works Shop, situated at 5th Cross, Kilari Road, Chickpet, Bengaluru City. 3. It is alleged that in the early hours of 12.05.2021, 4 unknown persons entered the shop and one of them was holding an iron rod. They threatened the complainant and others who were sleeping in the shop and assaulted Ashok with iron rod and caused bleeding injury - 3 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 to his right-elbow, snatched the mobile phone and robbed 1kg silver worth Rs.72,000/- and a silver chain worth Rs.5,000/-,mobile phone worth Rs.1,000/- 4. Charge sheet is filed against accused numbers 1 to 5 for the offence Punishable under Section 395 and 397 of IPC. Petitioner is arraigned as accused No.4 in the charge sheet. 5. Material on record reveals that during committal of the case, petitioner was on bail, but thereafter, he remained absent. Hence, case against him was split-up and NBW and proclamation was issued. He was arrested on 29.05.2025 and remanded to judicial custody. 6. Learned counsel for the petitioner has contended that petitioner is innocent of the alleged offence, there is no recovery at his instance and after a lapse of 9 months, he has been arraigned as an accused in the case. He submits that petitioner has been falsely implicated in this case on the basis of the statement of the - 4 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 co-accused. He is a coolie and the only earning member of the family, therefore, if he is not released on bail, his entire family will suffer. 7. Learned Additional SPP, has filed statement of objections, she contended that from this petitioner, a silver chain and Rs.25,000/- has been recovered. Further contended, petitioner is involved in three more criminal cases and in-spite of grant of bail in the present case, he jumped bail and secured under NBW. Hence, if he is released on bail, he may once again flee from justice and commit similar offence. She has accordingly, sought to dismiss the petition. 8. Admittedly, petitioner was granted bail initially in the year 2022. However, he remained absent and inspite of issuance of NBW, he could not be secured. Therefore, proclamation was issued. He was declared as a proclaimed offender, thereafter, he was secured and remanded to judicial custody on 29.05.2025. - 5 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 9. No satisfactory reasons are forthcoming regarding absence of the petitioner before the Trial Court. He has absconded after he was released on bail, which shows that, he has not adhered to the conditions of bail. As per the statement of objections, three more cases are registered against the petitioner, i.e., i) Crime No.225/2021 under Section 454 , 457 and 380 of IPC; ii)Crime No.81/2025 under Section 303(2) of the BNS, and iii) Crime No.95/2025 under Section 209 of the BNS, 2023. 10. Learned counsel for petitioner submits that one of the cases registered in Crime No.81/2025 has been compromised and petitioner has been enlarged on bail in all the three cases. However, that itself is not a ground to enlarge the petitioner on bail in the present case. Having once shown the lenience, petitioner has not only violated the bail conditions, but involved in other cases. In view of his absence, there is delay in trial. If petitioner is released on bail, chances of fleeing from justice and repeating - 6 - HC-KAR NC: 2025:KHC:35798 CRL.P No. 10183 of 2025 similar offences are not ruled out. Hence, the petition is dismissed. 11. Petitioner is at liberty to move for bail, if the trial is not concluded within 4 months from today. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 44