- 1 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 2421 OF 2026 BETWEEN: NIZAMUDDIN @ NIZAM S/O. MOHAMMED K.A. AGED ABOUT 34 YEARS R/AT. NO. 15-303A, JUMADI GUDDE HOUSE, B. MOODA VILLAGE, BANTWAL TALUK D.K. - 574 219 …PETITIONER (BY SRI. ABDUL ANSAR P., ADVOCATE) AND: THE STATE BY MANGALORE EAST PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-01 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.74/2023 REGISTERED BY THE Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 RESPONDENT POLICE, FOR THE OFFENCES P/U/S 489(A)(B)(C) R/W 34 OF IPC, 1860, PENDING ON THE FILE OF THE HON'BLE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) by the petitioner/accused for grant of bail in Crime No.1/2023 dated 02.01.2023 registered by the Mangalore East Police Station, Mangaluru City, for the offences punishable under Sections 489(A), (B), (C) r/w 34 of Indian Penal Code, 1860, pending on the file of III Additional District and Sessions Judge, D.K. Mangaluru in S.C. No.74/2023. 2. Sri Abdul Ansar P., learned counsel appearing for the petitioner, submits that on account of his employment in Bengaluru and due to miscommunication regarding the dates of hearing, the petitioner could not appear before the Trial Court and that his absence was neither wilful nor intentional. - 3 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 3. Learned High Court Government Pleader appearing for the respondent submits that, on more than seven occasions after grant of bail, the petitioner/accused remained absent before the Trial Court and, in order to secure his presence, a non- bailable warrant was issued pursuant to which the petitioner was taken into custody and the bail earlier granted to him came to be cancelled. 4. Having considered the submissions made by the learned counsel for the parties, it is evident that the petitioner was released on bail on 01.07.2023. It is stated that subsequent to the grant of bail, the petitioner secured employment in Bengaluru. It is also on record that the charge sheet has already been filed against the petitioner. 5. The Trial Court has further recorded a finding that the petitioner is a habitual offender and has referred to six pending criminal cases against him. However, all the said cases were registered prior to the grant of bail and, therefore, the same by itself cannot constitute a ground for cancellation of bail. - 4 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 6. Prima facie, it appears that the petitioner violated the bail conditions by remaining absent before the Trial Court, on account of which a non-bailable warrant came to be issued to secure his presence. The cancellation of bail appears to have been ordered solely on the ground of non-appearance of the accused before the Trial Court. 7. Learned counsel for the petitioner submits that the petitioner will appear before the Trial Court on all dates of hearing without fail. 8. In view of the foregoing discussion, this Court proceeds to pass the following: ORDER i. The criminal petition is allowed; ii. The petitioner/accused No.1 is ordered to be enlarged on bail in Crime No.1/2023 registered by Mangalore East Police Station, Mangaluru City for the offences u/s 489(A), (B), (C) r/w 34 of Indian Penal Code, 1860, pending on the file of III Additional District and Sessions Judge, D.K. - 5 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 Mangaluru in S.C. No.74/2023, subject to the following conditions: (a) In addition to the conditions imposed earlier, the petitioner shall deposit a sum of ₹1,00,000/- in cash before the Trial Court; b) The petitioner shall appear regularly on all dates of hearing before the Trial Court unless exempted by the Trial Court; c) In the event the petitioner fails to appear before the Court without orders of the Trial Court, the Trial Court shall forfeit the said amount to the State Exchequer. d) The petitioner shall not directly or indirectly threaten, or tamper with the prosecution witnesses; and - 6 - HC-KAR NC: 2026:KHC:24795 CRL.P No. 2421 of 2026 e) The petitioner shall not involve himself in any offences in future. Sd/- (K. V. ARAVIND) JUDGE HDK List No.: 1 Sl No.: 75