- 1 - HC-KAR NC: 2025:KHC:41042 CRL.P No. 12465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12465 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MUNNA S/O ATALSAB AGED ABOUT 22 YEARS RESIDING AT: INDIRA NAGAR JABALAGUNA, GANGAVATHI TALUK KOPPAL DISTRICT -583 227. …PETITIONER (BY SRI GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KENGERI PS NOW 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 U/S 483 BNSS) PRAYING TO GRANT BAIL THEREBY DIRECTING THE RESPONDENT KENGERI POLICE TO RELEASE THE PETITIONER / ACCUSED No.3 IN CR.No.179/2019 IN S.C.No.879/2022 PENDING ON THE FILE OF THE HON’BLE LXIII Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41042 CRL.P No. 12465 of 2025 ADDL.CITY CIVIL AND SESSIONS COURT, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC 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. 3 under Section 439 of Cr.P.C. praying to grant bail in crime No. 179/2019 pending in S.C. No. 879/2022 on the file of LXIII Additional City Civil and Sessions Judge, Bengaluru, registered for offence punishable under Section 302 of IPC. 2. Heard learned counsel for petitioner and learned HCGP for respondent – State. 3. Learned counsel for petitioner would contend that the petitioner was earlier granted bail by this Court in Crl.P. No. 1880/2020 disposed on 23.06.2020 and subsequently, he appeared in S.C. No. 1729/2019 till 27.09.2021. Thereafter he could not appear before the Court due to miscommunication between him and his - 3 - HC-KAR NC: 2025:KHC:41042 CRL.P No. 12465 of 2025 counsel and thereafter, the case against him came to be split up by order dated 21.04.2022 and now case is registered against him in S.C. No. 879/2022. Petitioner has been secured in the said case on 28.06.2025 and he in judicial custody. Petitioner is illiterate and he is ready to appear in the said criminal case and ready cooperate in speedy disposal of the case. With his he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the offence alleged against the petitioner is punishable under Section 302 IPC. The petitioner who has earlier been granted bail has failed to appear in the Sessions case due to which case against him has been split up. The petitioner remained absconding for nearly 4 years and that caused delay in trial. The petitioner has violated bail conditions granted earlier and therefore, he is not entitled for grant of bail now. If the petitioner is granted bail again he will abscond and it will cause delay in the trial. With this he prayed for rejection of petition. - 4 - HC-KAR NC: 2025:KHC:41042 CRL.P No. 12465 of 2025 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Crime has been registered against the petitioner in crime No. 179/2019 of Kengeri Gate Police Station for offence under Section 302 of IPC. After filing of charge sheet a case has been registered against him in S.C. No. 1729/2010. In the said case petitioner had been granted bail by order dated 23.06.2020 by this Court in Crl.P. No. 1880/2020. Thereafter, the petitioner who was on bail did not appear in the said case. NBW issued against him has been recalled. Subsequently, the petitioner remained absent and exemption application filed has been rejected on 27.09.2021. NBW has been issued against him and notice to surety has also been issued. Case against the petitioner has been split up by order dated 21.04.2022 and it is registered in S.C. No. 879/2022. In the split up case petitioner has been secured by executing NBW on 28.06.2025. The petitioner remained - 5 - HC-KAR NC: 2025:KHC:41042 CRL.P No. 12465 of 2025 absconded for more than 4 years and that caused delay in disposal of the case registered against him and case came to be split up. If the petitioner is again granted bail, it is difficult to secure his presence and it will cause delay in trial. Therefore, the petitioner is not entitled for grant of bail. 7. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 23