IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16454 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI. SRINATH. Y. N. S/O LATE NARAYANAPPA AGED ABOUT 36 YEARS R/AT YALLAMPALLI VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 561 207.

…PETITIONER (BY SRI GANASHEKAR G, ADVOCATE FOR SRI NAGARAJA N, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION Digitally signed by REPTD: BY STATE PUBLIC LAKSHMINARAYANA MURTHY RAJAS HRI HIGH COURT BUILDING Location: HIGH BANGALORE - 560 001.

COURT OF KARNATAKA …RESPONDENT (BY SMT. WAHEEDA M M, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS BAIL APPLICATION UNDER SECTION 439 OF THE Cr.P.C AND ENLARGE THE PETITIONER/ACCUSED No.2 TO RELEASE ON BAIL IN CR.No.355/2023 IN SC.No.21/2024 REGISTERED BY BAGEPALLI P.S., BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 201,302 R/W 34 OF IPC, 1860.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the petitioner – accused No.2 under Section 439 of Cr.P.C praying to grant bail in S.C.No.21/2024 arising out of Crime No.355/2023 of Bagepalli Police Station pending on the file of III Additional District and Sessions Judge, Chikkaballapur registered for offences punishable under Sections 201, 302 read with Section 34 IPC.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

3. Learned counsel for the petitioner would contend that the petitioner has been granted bail by this Court in Crl.P.No.9912/2024 by order dated 16.10.2024 subject to certain conditions. The petitioner has remained absent on 12.11.2025 and his counsel also remained absent. Therefore, NBW has been issued against the petitioner. The petitioner has intimated his counsel regarding his illness and instructed to file exemption application. The counsel also met with an accident and did not appear before the Court to file exemption application. The petitioner has been secured by executing NBW issued against him on 21.11.2015 and since then he is in judicial custody. With this, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent –State would contend that on 12.11.2025, P.W.20 -Investigating Officer appeared before the Court for giving his evidence. The evidence of P.W.20 could not be recorded due to absence of the petitioner and another accused i.e., accused No.3. The absence of the petitioner caused hindrance in recording evidence of P.W.20. The bail bond of the petitioner is also cancelled subsequently on 21.11.2025. The petitioner –accused No.2 has not deposited the bail bond amount. If the petitioner is again granted bail, there are chances of he remaining absent and hampering the trial. With this, he prays to reject the petition.

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

6. The petitioner is facing trial for offence under Sections 201, 302 read with Section 34 of IPC in S.C.No.21/2024. The petitioner has been granted bail by this Court by the order dated 16.10.2024 passed in Crl.P.No.9912/2024. One of the conditions in the said order is that petitioner shall regularly appear on all dates of hearing. The said condition has been violated. The petitioner remained absent on 12.11.2025. On that day, the case was listed for recording the evidence of P.W.20 - Investigating Officer. The counsel for petitioner also remained absent and therefore, evidence of P.W.20 could not be recorded and case came to be adjourned. The NBW has been issued against the petitioner. The petitioner has been secured on 21.11.2025 and his bail bond has been forfeited. Between 12.11.2025 to 21.11.2025, the counsel for petitioner has not filed any application seekin