IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14039 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN: SANTHOSH S/O. VENKATESH, AGED ABOUT 28 YEARS, R/AT. NO.52, 1^ST MAIN, 1^ST CROSS, PIPE LINE, VIJAYANAGARA, BENGALURU - 560 040.

…PETITIONER (BY SRI. RAKSHITH R., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION, BENGALURU, REPRESENTED BY SPP, Digitally signed by LAKSHMINARAYANA HIGH COURT PREMISES, MURTHY RAJA SHRI BENGALURU - 560 001.

Location: HIGH COURT OF …RESPONDENT KARNATAKA (BY SMT. PUSHPALATHA, ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN S.C.NO.1209/2023, (CRIME NO.351/2016 AGAINST ACCUSED OF THE OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC OF VIJAYANAGAR POLICE STATION), WHICH IS NOW PENDING BEFORE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.3 under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.1209/2023 (Crime No.351/2016 of Vijayanagara Police Station) registered for offences punishable under Sections 399 and 402 of Indian Penal Code, pending on the file of LXVI Additional City Civiland Sessions Judge, Bengaluru.

2. Heard the Learned counsel for petitioner and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner earlier had been granted bail by Order dated 14.07.2016 and subsequently appeared in the said case i.e., S.C.No.633/2017. He further submitted that, the petitioner met with road traffic accident on 03.04.2022 and thereafter, he could not appear before the Court due to his medical condition. He was under treatment till he voluntarily surrendered before the Court on 16.09.2025. The petitioner is ready to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the petitioner remained absent for several dates which caused delay in disposal of the case. The crime is of the year 2016 and still the case registered against the petitioner is pending. The case against the petitioner has been split up as he remained absent. The petitioner voluntarily appeared since NBW and proclamation have been issued against him. There are no sufficient reasons for absence of the petitioner. If the petitioner is granted bail again, he will remain absent and it will cause delay in disposal of the case. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused FIR, compliant and other materials placed on record.

6. The petitioner is the accused in Crime No.351/2016 of Vijayanagar Police Station registered for offences punishable under Sections 399 and 402 of IPC. The petitioner was granted bail by order dated 14.07.2016. After filing of the charge sheet, a case came to be committed to the Sessions Court and it was pending in S.C.No.633/2017. As the petitioner has remained absent, the case against him has been split up and registered in S.C.No.1209/2023. It is submitted that, the petitioner appeared before the Court till the year 2022. The petitioner met with an accident on 03.04.2022 and he underwent operation and therefore, he could not appear before the trial Court and he also not intimated to his counsel. The medical records produced indicate that, the petitioner was under treatment since 03.04.2022 till he voluntarily surrendered on 16.09.2025. The petitioner has enclosed copy of his Aadhar Card to show that, he is the resident of Vijayanagarar, Ben