- 1 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3348 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SYED ISMAIL, S/O SYED SANSAR, AGED ABOUT 22 YEARS R/AT NEAR LAKE, MUSLIM BLOCK, K.R. NAGAR TOWN, MYSURU DISTRICT - 571 602 …PETITIONER (BY SRI. N KUMAR., ADVOCATE) AND: STATE OF KARNATAKA BY MANDI POLICE STATION MYSURU REPRSENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 ENLARGE THE PETITIONER ON BAIL IN CRIME NO.154/2010 REGISTERED AT MANDI POLICE STATION, MYSURU CITY FOR THE OFFENCE P/U/S 399 AND 402 OF IPC, PENDING TRIAL IN S.C.NO.212/2024 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner/accused No.4 is before this Court seeking regular bail in Crime No.154/2010 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that on 25.08.2010 at about 11.45 pm, when the Sub-Inspector of Police of Mandi Police Station, Mysuru was on patrolling duty near highway circle which leads to Vande Mataram Nagara, received an information that a group of persons were planning to commit dacoity in the said area. Accordingly, the complainant along with his staff and panchas went to the location and arrested the petitioner and others and registered a case against them. - 3 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 Thereafter, they conducted investigation and submitted charge sheet. 3. The submission of the learned counsel for the petitioner is that the trial has been conducted against accused Nos.2 and 3, which was ended in acquittal. However, accused Nos.1 and 4 remained absconded. Hence, a split-up charge sheet was filed against accused Nos.1 and 4. 4. The learned Magistrate passed an order of committal of the said case to the Sessions Court on 21.10.2024 and a separate number has been given by the learned trial Judge as SC.No.212/2024 against accused Nos.1 and 4. After order of committal, summons was issued to the petitioner. However, summons was not served to him. Hence, he could not appear before the Sessions Court. Therefore, the warrant was issued and he was secured through warrant. Hence, the present petitioner is before this Court seeking for regular bail. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 5. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner being accused No.4 remained absent and hampered the Court proceedings and he has been secured through warrant. If the petition is allowed and he is released on bail, there may be chances of absconding again. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the charge sheet and also order of acquittal passed by the other accused in the said crime number. No doubt, the accused Nos.2 and 3 have been ended in acquittal after they had faced the trial. As per the submissions of the learned counsel for the petitioner, summons was not properly served to the petitioner. Hence, he remained absent. The said aspect has to be considered on going through the facts and circumstances of the case. Moreover, the other accused namely, accused Nos.2 and 3 have been acquitted from the case. Hence, he may be released on bail by imposing - 5 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 suitable conditions that would take care of the apprehension of the prosecution. 7. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.154/2010 of respondent-police for the offence under Sections 399 and 402 of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall mark his attendance before the respondent-Police once in 15 days till disposal of the case, especially on Saturday between 10.00 a.m. and 02.00 p.m. - 6 - HC-KAR NC: 2026:KHC:15993 CRL.P No. 3348 of 2026 (iv) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall co-operate with the Court for speedy disposal of the case. (vii) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 44