- 1 - HC-KAR NC: 2026:KHC:19236 CRL.P No. 12671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CRIMINAL PETITION NO. 12671 OF 2025 BETWEEN: 1. KARTHIK, S/O. VASANTH, AGED ABOUT 38 YEARS, RESIDING AT NO.1/74, JKD NAGAR, 1ST CROSS, AVALAPALLI ROAD, HOSURU, KRISHNAGIRI, TAMIL NADU - 56000. 2. SENDIL, S/O. MADESHA, AGED ABOUT 36 YEARS, RESIDING AT NO.8/426, SAMANTHAPURA, NELLURU POST, HOSURU TALUK, KRISHNAGIRI, TAMIL NADU - 60000. …PETITIONERS (BY SRI. PYAREJAN K N., ADVOCATE) AND: STATE OF KARNATAKA, REP. BY KORAMANGALA POLICE STATION, BANGALORE - 560 035. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19236 CRL.P No. 12671 of 2025 THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI.RAHUL RAI K., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CR NO.41/2006 IN CC NO.7317/2007 IN THE EVENT OF THEIR ARREST BY THE RESPONDENT KORAMANGALA POLICE, THEY MAY RELEASE ON BAIL FOR ALLEGED OFFENCES P/U/S 382 OF IPC PENDING ON THE FILE OF 39TH ACJM, BANGALORE CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER 1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as Cr.P.C) by the petitioners / accused Nos.1 and 2 seeking prayer to grant anticipatory bail in Crime No.41/2006 in CC.No.7317/2007 in the event of their arrest by the respondent - police. 2. Heard Sri.Pyarejan K.N, learned counsel appearing for the petitioners and Sri.Rahul Rai K, learned High Court Government Pleader appearing for the respondent - State. - 3 - HC-KAR NC: 2026:KHC:19236 CRL.P No. 12671 of 2025 3. The respondent - police registered F.I.R in Crime No.41/2006 for the offences punishable under Section 382 of the Indian Penal Code, 1860 against the petitioners herein. The petitioners were enlarged on bail and thereafter, the petitioners failed to appear before the Trial Court. Hence, the non-bailable warrant came to be issued and thereafter, the Trial Court also issued a proclamation order for securing the petitioners before the Court. The records further indicate that the petitioners, instead of appearing before the Trial Court have moved an application under Section 438 of Cr.P.C before the Trial Court seeking for anticipatory bail which came to be rejected. 4. In my considered view, the Trial Court after considering the case on merits has enlarged the accused on bail and thereafter, they are absconding. Hence, filing an application for anticipatory bail itself is not maintainable. - 4 - HC-KAR NC: 2026:KHC:19236 CRL.P No. 12671 of 2025 5. Be that as it may. I do not find any justifiable reason to consider the petition on merits. However, keeping the liberty open to the petitioners - accused to surrender before the Trial Court and thereafter move an appropriate application and the Trial Court will consider the same in accordance with law. 6. With above observation, the petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 2 Sl No.: 5