THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
SUDHAKAR @ SUDHA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 11012/2025
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NC: 2026:KHC:5286
CRL.P No. 11012 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.11012 OF 2025
BETWEEN:
SUDHAKAR @ SUDHA S/O. DHARMA RAJ,
AGED ABOUT 32 YEARS, R/A #215/B,
1ST MAIN, 6TH CROSS, PRAKASHNAGAR,
RAJAJINAGAR, BENGALURU-560064.
ALSO AT PALURU VILLAGE,
CHITURU DISTRICT, ANDRAPRADESH.
…PETITIONER
(BY SRI.SHRIDHAR FOR SRI.PRASHANTH K.S, ADVOCATES)
AND:
THE STATE OF KARNATAKA
SRIRAMPURA POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BENGALURU-560001.
…RESPONDENT
VIJAYALAKSHMI
M KANKUPPI (BY SRI.RAHUL RAI, HCGP)
Digitally signed by
VIJAYALAKSHMI M THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO GRANT
KANKUPPI
BAIL TO THE PETITIONER IN S.C NO.348/2023 (CR.NO.209/2016) OF
Date: 2026.02.03
10:18:15 +0530
THE SRIRAMAPURA POLICE STATION ON THE FILE OF THE LEARNED
LXIII ADDL.CITY CIVIL AND SESSION JUDGE (CCH-64) BENGALURU
CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147,
148, 363, 302 R/W. 34 OF IPC ON SUCH TERMS AND CONDITIONS
AS THE HON’BLE COURT MAY THINK FIT TO IMPOSE, IN THE
INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THROUGH VIDEO CONFERENCING HEARING AT DHARWAD BENCH,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
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NC: 2026:KHC:5286
CRL.P No. 11012 of 2025
HC-KAR
ORAL ORDER
1. The petitioner has preferred this petition to
enlarge him on bail in S.C. No.348/2023 pending on the file
of the Court of 63rd Additional City Civil and Sessions Judge
(CCH 64), Bangalore City.
2. The charge sheet is filed for the offence
punishable under Sections 364 and 302 read with Section 34
of the Indian Penal Code against accused Nos.1 to 4,
showing accused No.3 as absconding. Petitioner is accused
No.2.
3. The law was set into motion on a complaint
lodged by one Ramesh C. against 5 to 6 unknown persons.
The material on record reveals that the petitioner was
initially granted bail by the learned Sessions Judge on
26.10.2018 in Criminal Miscellaneous No.8623/2018.
However, after he was released on bail, he absconded and
therefore warrant was issued against him. He was produced
under warrant on 28.09.2022 and is in custody since then.
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NC: 2026:KHC:5286
CRL.P No. 11012 of 2025
HC-KAR
4. The learned counsel would submit that petitioner
had earlier filed two petitions before this Court, which were
dismissed and in the order dated 03.09.2024 passed in
Criminal Petition No.999/2024, this Court directed the trial
Court to expedite the trial. He submitted that there is no
progress in trial and therefore, the petitioner who is
languishing in judicial custody may be enlarged on bail.
Further submitted that the petitioner is innocent and he has
suffered injury to his leg and not able to move without the
help of a walking stick and he needs assistance and the rod
implanted in his leg has to be removed.
5. The Learned HCGP opposed the prayer for bail
contending that already leniency was shown to the petitioner
but he misused the liberty by absconding, due to which, the
trial has delayed. He contended that if the petitioner is
granted bail, once again, he will abscond and in that case
there will be further delay in trial.
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NC: 2026:KHC:5286
CRL.P No. 11012 of 2025
HC-KAR
6. The petitioner has not furnished copy of the order
passed in Criminal Petition No.999/2024 disposed on
03.09.2024. Further, it is seen that the petitioner had earlier
preferred Criminal Petition No.3722/2023 to enlarge him on
bail. The said petition was dismissed by this Court vide Order
dated 12.06.2023. The dismissal of the said petition has not
been mentioned anywhere in the petition and also not
brought to the notice of the Court. While dismissing the said
petition, this Court has taken into consideration the
abscondance of the petitioner after he was granted bail and
also his medical condition. The jail authority was directed to
provide treatment to him whenever the need arises.
7. The Learned Sessions Judge has
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