- 1 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12358 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MANJA S/O LATE MANJUNATHA, AGED ABOUT 26 YEARS, OCC: COOLIE WORK, R/AT. MASARAHALLI VILLAGE, SHIVANI CROSS, OLD TOWN, BHADRAVATHI, SHIVAMOGGA - 577 201. …PETITIONER (BY SMT. BABY YADAV B., ADVOCATE FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA , ADVOCATE) AND: THE STATE OF KARNATAKA BY OLD TOWN POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS HEREIN ON BAIL IN S.C.NO.5025/2025 (ARISING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 OUT OF CRIME NO.62/2019) REGISTERED BY THE RESPONDENT OLD TOWN POLICE, BHADRAVATHI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC, PENDING BEFORE THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (SITTING AT BHADRAVATHI). 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 accused No.2 under Section 483 of Bharatiya Nyaya Sanhita, 2023 praying to grant bail in S.C.No.5025/2025 arising out of Crime No.62/2019 of Bhadravathi Old Town Police Station registered for offences punishable under Sections 399 and 402 of Indian Penal Code, pending on the file of IV Additional District and Sessions Judge, Shivamogga (sitting at Bhadravathi). 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 3. Learned counsel for petitioner would contend that, the petitioner is a coolie and he is moving from one place to another place to eke out his livelihood and therefore, he could not attend the Court. She further submits that, the petitioner had not received any summons from the Committal Court. The petitioner is undertakes to attend the trial Court and abide by any terms and conditions to be imposed by this Court. With these, she prayed to allow the petition. 4. Learned High Court Government Pleader for respondent would contend that, due to the absence of this petitioner even inspite of grant of bail, the case came to be transferred to Long Pending Register (LPR). The petitioner remained absent for more than three (3) years. The absence of the petitioner has caused delay in disposal of the case. If the petitioner is again granted bail, he will remain absent and it will prolong the disposal of the case. With these, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, complaint and other materials placed on record. 6. The petitioner is facing trial for offences under Sections 399 and 402 of IPC. The case has been registered against him in Crime No.62/2019 of Bhadravathi Old Town Police Station for the aforesaid offences. After filing of the charge sheet, a case came to be registered against him in C.C.No.1650/2019. In the said case, the petitioner has not been secured by the Committal Court and therefore, the case against him has been split up and registered in C.C.No.4491/2021. In the said case also, again he was not secured and case has been split up and registered in C.C.No.8645/2021. The petitioner/accused No.2 was arrested and produced on 26.12.2021 and he was enlarged on bail on 08.03.2022. Thereafter, the case came to be committed to the Sessions Court on 23.03.2022 and a case came to be registered in S.C.No.5011/2022. Summons was issued to the petitioner and he remained - 5 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 absconding. The notices were issued to his two sureties. As they could not produce him, the bonds executed by them are forfeited and now recovery proceedings are initiated against them. As the petitioner remained absconding, evidence under Section 299 has been recorded and his case has been transferred to Long Pending Register (LPR). In the said LPR No.1/2024, he has been secured by executing Warrant on 26.06.2025. Thereafter, the said LPR has been registered as S.C.No.5025/2025 and he has been remanded to judicial custody. 7. Considering the said aspects, the petitioner who has been granted bail on 08.03.2022 has remained absent till 26.06.2025 for more than three (3) years. The said absence of the petitioner has hampered the progress of the case registered against him. The petitioner has violated the bail conditions. The sureties of the petitioners are facing recovery of forfeited bond amount. If the - 6 - HC-KAR NC: 2025:KHC:45206 CRL.P No. 12358 of 2025 petitioner is again granted bail, he will remain absent and it will hamper the progress of the case. 8. Considering all the above aspects, the petitioner is not entitled for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 7