- 1 - HC-KAR NC: 2025:KHC:47170 CRL.P No. 13438 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13438 OF 2025 BETWEEN: GAREEB SAB S/O FAKRUDDIN SAB, NOW AGED ABOUT 67 YEARS, OCCUPATION: CONTRACTOR, RESIDENT OF NO.26/1984, GOPALAPURA, HIRIYUR TOWN, CHITRADURGA DISTRICT - 577 599. NOW RESIDENT OF RAJAGOPALA NAGAR, NEAR GANESH TEMPLE, PEENYA 2ND STAGE , BENGALURU NORTH, BENGALURU - 560 058. …PETITIONER (BY SRI. N. SRINIVAS, ADVOCATE) AND: STATE OF KARNATAKA BY HIRIYRU TOWN POLICE STATION, HIRIYUR - 577 599. REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47170 CRL.P No. 13438 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO DIRECT HIM TO BE RELEASED ON REGULAR BAIL IN S.C.NO.40/2025 (CRIME NO.204/1984) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 354, 366, 506 OF IPC, PENDING ON THE FILE OF SPECIAL, II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA. 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 sole accused under Section 439 of Code of Criminal procedure praying to grant bail in S.C.No.40/2025 (Crime No.204/1984) registered for offences punishable Under Sections 341, 354, 366 and 506 of Indian Penal Code, pending on the file of Special, II Additional District and Sessions Judge, Chitradurga. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor Pleader for respondent - State. - 3 - HC-KAR NC: 2025:KHC:47170 CRL.P No. 13438 of 2025 3. Learned counsel for petitioner would contend that, earlier, the petitioner had been granted bail on 10.08.1984. Thereafter, he could not appear before the jurisdictional Court due to his ill health. The petitioner has been secured by executing Warrant issued against him on 27.02.2025 and from that day, he is in judicial custody. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner remained absent for forty one (41) years and he has violated the bail conditions. The absence of the petitioner has caused delay in disposal of the case registered against him. If the petitioner is granted bail, he will again remain absent and it will cause further delay in disposal of the case. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:47170 CRL.P No. 13438 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record. 6. The crime registered against the petitioner was in the year 1984. The petitioner has been granted bail on 10.08.1984. The petitioner remained absent till he was secured by executing NBW against him on 27.02.2025. The State has made several efforts to secure the presence of the petitioner by issuing NBW, proclamation etc. The petitioner who was aware of registration of case against him and who has been granted bail has failed to appear before the jurisdictional Court not obeyed the conditions imposed while granting bail. The absence of the petitioner caused delay in disposal of the case registered against him. The petitioner remained absent for forty one (41) years. The order sheet of the trial Court indicates that, the petitioner has been provided with medical treatment for his ailment. - 5 - HC-KAR NC: 2025:KHC:47170 CRL.P No. 13438 of 2025 7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. 8. The trial Court is directed to dispose of the case as early as possible since the case is forty one (41) years old. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 50 CT-SG