- 1 - HC-KAR NC: 2025:KHC:36067 CRL.P No. 11884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11884 OF 2025 BETWEEN: MANSOOR AHAMED S/O. MAKSOOD AHAMED, AGED ABOUT 47 YEARS, BUSINESSMAN, R/O. TIPPUNAGARA, CHIKKAMAGALURU CITY PIN CODE-577 101. …PETITIONER (BY SRI. SRIVASTHAVA H.K., ADVOCATE) AND: THE STATE OF KARNATAKA STATE BY TOWN POLICE CHIKKAMAGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN C.C.NO.8/2018 IN CR.NO.45/2007 FOR THE ALLEGED OFFENCES PUNISHABLE SECTION 498A OF INDIAN PENAL CODE, 1860 R/W SECTION 3 AND 4 OF D.P. ACT OF TOWN POLICE, CHIKKAMAGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36067 CRL.P No. 11884 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard and perused the material on record. 2. Crime No.45 of Chickmagalur Town Police Station is registered on a complaint lodged by the wife of petitioner under Section 498A of IPC and Section 3, 4 and 6 of Dowry Prohibition Act, 1961. 3. Petitioner is arraigned as accused No.1. Accused Nos.2 and 3 are the parents, accused No.4 is the brother-in-law and accused No.5 is the uncle of petitioner. On completion of investigation chargesheet was filed against accused Nos.1 to 5, wherein petitioner was shown as absconding. Case was registered as C.C.No.1591/2007 before the learned I Addl. Civil Judge and JMFC Court, Chickmagalur. The original case continued against accused Nos.2 to 5. Split-up case against the petitioner was registered in C.C.No.469/2009. Later it was transferred to - 3 - HC-KAR NC: 2025:KHC:36067 CRL.P No. 11884 of 2025 Principal Senior Civil Judge and CJM Court, Chickmagalur and renumbered as C.C.No.8/2018. Petitioner could not be secured inspite of issuance of NBW. He was therefore declared as a proclaimed offender. His application for anticipatory bail has been rejected by the learned Sessions Judge, hence this petition. 4. The learned Sessions Judge while dismissing the application, has observed that the conduct of the accused and other factors becomes important for entitlement of a person for grant of anticipatory bail and in the facts and circumstances of the case, he has not made out any grounds to grant the relief. 5. It is not in dispute that the chargesheet was filed showing the petitioner/accused No.1 as absconding. Submission of the learned counsel is that the petitioner left for Dubai on 16.02.2006 and no summons were served upon him. The said contention cannot be accepted. It is difficult to believe that the petitioner was unaware of the proceedings pending against him. However, it is brought - 4 - HC-KAR NC: 2025:KHC:36067 CRL.P No. 11884 of 2025 to the notice of the Court that the trial which was held against accused Nos.2, 4 and 5 has ended in acquittal of the said accused. Accused No.3 is said to be no more. A copy of the judgment passed in C.C.No.1591/2007 dated 16.09.2012 is produced along with the petition. 6. The offences alleged are one under Section 498A of IPC and Section 3, 4 and 6 of the Dowry Prohibition Act. In the facts and circumstances, petitioner can be directed to appear before the trial Court to face the trial. Hence, the following: ORDER (i) Petitioner shall appear before the jurisdictional Court on or before 22.09.2025 and file necessary application for bail and in that event, the jurisdictional Court shall enlarge him on bail on such terms and conditions, which it deems fit. - 5 - HC-KAR NC: 2025:KHC:36067 CRL.P No. 11884 of 2025 (ii) Petitioner shall appear before the trial Court on every date of hearing, without fail and shall co-operate for the early disposal of the case. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 31