IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 9804 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRINIVASA V @ KARIYASEENA

S/O VENKATESH

AGED ABOUT 23 YEARS

RESIDING AT C/O HALIKA KRISHNA

No. 51/77, 1^ST CROSS, 20 MAIN MARENAHALLI, VIJAYANAGARA

BANGALORE – 560 040.

…PETITIONER

(BY SRI. A G SRIDHAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA SHO BY CHANDRA LAYOUT

Digitally signed by POLICE STATION, BANGALORE

LAKSHMINARAYANA

MURTHY RAJAS HRI

REPRESENTED BY STATE PUBLIC PROSECUTOR

Location: HIGH ATTACHED TO THIS HON’BLE COURT

COURT OF

KARNATAKA BANGALORE CITY – 560 073.

…RESPONDENT

(BY SMT. PUSHPALATHA B ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (U/S 483

OF BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN S.C.No.1428/2014 ON THE FILE OF THE HON’BLE LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGLAURU, REGISTERED BY RESPONDENT POLICE/CHANDRA LAYOUT POLICE

STATION IN CR.No.274/2014 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 384, 506 OF IPC.

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 the sole accused under Section

439 of Cr.P.C praying to grant bail in SC No.1428/2014 pending on the file of LIII Additional City Civil and Sessions Special Judge, Bengaluru registered for offences punishable under Section 376, 384, 506 of IPC arising out of Crime No.274/2014 of Chandra Layout Police Station.

2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

3. Learned counsel for petitioner would contend that petitioner has been granted bail by order dated 08.12.2014 and he has been released on 12.12.2014. After release he appeared regularly till 15.05.2015. Thereafter he could not appear. He lost contact with his counsel and therefore, he has not appeared before the trial Court. The petitioner has been secured by executing NBW issued against him on 10.03.2025 and from that day he is in judicial custody. The petitioner is ready to abide by any conditions to be imposed by this Court. He is ready to appear before the trial Court on all dates of the hearing. With this, he prayed to allow petition.

4. Per contra, learned Additional SPP would contend that petitioner has violated bail conditions. The notice to surety has been issued and proceedings against the surety are pending. The case registered against the petitioner is 11 years old. Due to absence of the petitioner, the trial could not progress. The petitioner remained absent on the day when trial was fixed. The petitioner is a rowdy sheeter. If the petitioner is granted bail again he will abscond and it may cause delay in disposal of the case. With this, she prayed for dismissal of the petition.

5. Having heard the learned counsels, this Court has perused the materials placed on record.

6. The petitioner is accused in SC No.1428/2014 facing trial for offences under Sections 376, 384 and 506 of IPC. The petitioner has been granted bail by dated 08.12.2024 and he has been released on 12.12.2014. The petitioner appeared before the trial Court till 15.05.2015. On that day in the trial, PWs.8 and 9 are examined and case was listed on the next day i.e. 16.06.2015. On 16.06.2015, he remained absent. Thereafter he could not appear before the trial Court inspite of issuing NBW, proclamation and notice to surety. He was secured by issuing NBW on 10.03.2025 and from that day he is in judicial custody. The petitioner remained absent for nearly 10 years and it caused delay in disposal of the case. The reason assigned is that petitioner lost contact of his counsel. The said reason assigned is not acceptable reason for absence for 10 years. Now till date 14 witnesses are examined and the prosecution has to examine remaining witnesses. The petitioner is stated to be a rowdy sheeter as per order dated 25.11.2014, passed by Assistant Commissioner of Po