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NC: 2026:KHC:24795

CRL.P No. 2421 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF MAY, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

CRIMINAL PETITION NO. 2421 OF 2026

BETWEEN:

NIZAMUDDIN @ NIZAM

S/O. MOHAMMED K.A.

AGED ABOUT 34 YEARS

R/AT. NO. 15-303A,

JUMADI GUDDE HOUSE,

B. MOODA VILLAGE,

BANTWAL TALUK

D.K. - 574 219

…PETITIONER

(BY SRI. ABDUL ANSAR P., ADVOCATE)

AND:

THE STATE

Digitally

signed by BY MANGALORE EAST PS

VINUTHA B S

REPRESENTED BY STATE PUBLIC PROSECUTOR

Location:

High Court of HIGH COURT BUILDING

Karnataka

BENGALURU-01

…RESPONDENT

(BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY

THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE

PETITIONER ON BAIL IN S.C.NO.74/2023 REGISTERED BY THE

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NC: 2026:KHC:24795

CRL.P No. 2421 of 2026

HC-KAR

RESPONDENT POLICE, FOR THE OFFENCES P/U/S 489(A)(B)(C)

R/W 34 OF IPC, 1860, PENDING ON THE FILE OF THE HON'BLE

COURT OF PRL. DISTRICT AND SESSIONS JUDGE, D.K.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

This petition is filed under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023, (BNSS) by the

petitioner/accused for grant of bail in Crime No.1/2023 dated

02.01.2023 registered by the Mangalore East Police Station,

Mangaluru City, for the offences punishable under Sections

489(A), (B), (C) r/w 34 of Indian Penal Code, 1860, pending on

the file of III Additional District and Sessions Judge, D.K.

Mangaluru in S.C. No.74/2023.

2. Sri Abdul Ansar P., learned counsel appearing for the

petitioner, submits that on account of his employment in

Bengaluru and due to miscommunication regarding the dates of

hearing, the petitioner could not appear before the Trial Court

and that his absence was neither wilful nor intentional.

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NC: 2026:KHC:24795

CRL.P No. 2421 of 2026

HC-KAR

3. Learned High Court Government Pleader appearing for the

respondent submits that, on more than seven occasions after

grant of bail, the petitioner/accused remained absent before

the Trial Court and, in order to secure his presence, a non-

bailable warrant was issued pursuant to which the petitioner

was taken into custody and the bail earlier granted to him came

to be cancelled.

4. Having considered the submissions made by the learned

counsel for the parties, it is evident that the petitioner was

released on bail on 01.07.2023. It is stated that subsequent to

the grant of bail, the petitioner secured employment in

Bengaluru. It is also on record that the charge sheet has

already been filed against the petitioner.

5. The Trial Court has further recorded a finding that the

petitioner is a habitual offender and has referred to six pending

criminal cases against him. However, all the said cases were

registered prior to the grant of bail and, therefore, the same by

itself cannot constitute a ground for cancellation of bail.

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NC: 2026:KHC:24795

CRL.P No. 2421 of 2026

HC-KAR

6. Prima facie, it appears that the petitioner violated the bail

conditions by remaining absent before the Trial Court, on

account of which a non-bailable warrant came to be issued to

secure his presence. The cancellation of bail appears to have

been ordered solely on the ground of non-appearance of the

accused before the Trial Court.

7. Learned counsel for the petitioner submits that the

petitioner will appear before the Trial Court on all dates of

hearing without fail.

8. In view of the foregoing discussion, this Court proceeds to

pass the following:

ORDER

i. The criminal petition is allowed

ii. The petitioner/accused No.1 is ordered to be

enlarged on bail in Crime No.1/2023 registered by

Mangalore East Police Station, Mangaluru City for

the offences u/s 489(A), (B), (C) r/w 34 of Indian

Penal Code, 1860, pending on the file of III

Additional District and Sessions Judge, D.K.

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NC: 2026:KHC:24795

CRL.P No. 2421 of 2026

HC-KAR

Mangaluru in S.C. No.74/2023, subject to the

foll

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