- 1 - HC-KAR NC: 2025:KHC:43640 CRL.P No. 12360 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12360 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. KRISHNEGOWDA SON OF BOREGOWDA AGED ABOUT 55 YEARS, No.251, G.KEBBAHALLI VIILAGE AND POST MANDYA DISTRICT – 571 446 ALSO RESIDING AT: RESIDING AT KANAGANAMARADI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT – 571 434. …PETITIONER (BY SRI RAMESHA H E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, K.R SAGARA POLICE STATION, MANDYA DISTRICT- 571 507 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL IN SPL.CASE. No.117/2025 REGISTERED BY THE POLICE INSPECTOR, K.R SAGARA POLICE STATION FOR THE OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43640 CRL.P No. 12360 of 2025 PUNISHABLE UNDER SECTION 379, 511 OF IPC PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS COURT AT MANDYA IN CR.No.28/2006 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in Spl.Case No. 117/2025 pending on the file of I Additional District and Sessions Court, Mandya arising out of crime No. 28/2006 of K.R. Sagara Police Station. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that the petitioner is residing in the address shown in the charge sheet and no notice/summon/NBW was issued to the said address and therefore he could not appear in the said criminal case. Petitioner is ready to appear in the - 3 - HC-KAR NC: 2025:KHC:43640 CRL.P No. 12360 of 2025 split-up case and cooperate for speedy trial. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that petitioner did not appear in the criminal case. Proclamation was issued under Section 82 of Cr.P.C. and it came to be duly published and attachment of property of petitioner returned as there were no immovable properties in his name. Thereafter Magistrate has recorded evidence under Section 299 of Cr.P.C. As petitioner is a proclaimed offender, he is not entitled for grant of anticipatory bail. With this she prayed to dismiss the petition. 5. Having heard learned counsel for the parties, this Court has perused the materials placed on record. 6. A case came to be registered against the petitioner and two others in crime No. 28/2006 of K.R. Sagara Police Station for offence under Sections 379, 511 of IPC. Subsequently, charge sheet has been filed for the said offences and criminal case came to be registered. In the said criminal case even after grant of bail petitioner - 4 - HC-KAR NC: 2025:KHC:43640 CRL.P No. 12360 of 2025 did not appear. Trial Court had issued proclamation and it came to be duly published. Trial Court recorded evidence under Section 299 of Cr.P.C. Considering the fact that petitioner is a proclaimed offender he is not entitled for grant of anticipatory bail in view of the decision of the Hon’ble Apex Court in the case of Asha Dubey Vs. State of Madhya Pradesh rendered in Crl.A. No. 4564/2024 dated 12.11.2024. Considering the above aspects petitioner has not made out any grounds for grant of anticipatory bail as prayed. 7. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 7 Ct.sm