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High CourtsSingle Bench(2025) 10 KAR CK 1208

Krishnegowda vs State Of Karnataka

Karnataka High Court, Principal Bench · Decided on 31 October 2025

HON’BLE JUDGES
Shivashankar Amarannavar, J
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 12360 Of 2025 (438(Cr.PC) / 482(BNSS))

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Judgment

8 paragraphs · 387 words

Shivashankar Amarannavar, J

1.

This petition is filed by accused No. 1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS ) praying to grant anticipatory bail in Spl.Case No. 117/2025 pending on the file of I Additional District and Sessions Court, Mandya arising out of crime No. 28/2006 of K.R. Sagara Police Station.

2.

Heard learned counsel for petitioner and learned Additional SPP for respondent - State.

3.

Learned counsel for petitioner would contend that the petitioner is residing in the address shown in the charge sheet and no notice/summon/NBW was issued to the said address and therefore he could not appear in the said criminal case. Petitioner is ready to appear in the split-up case and cooperate for speedy trial. With this he prayed to allow the petition.

4.

Per contra learned Additional SPP would contend that petitioner did not appear in the criminal case. Proclamation was issued under Section 82 of Cr.P.C. and it came to be duly published and attachment of property of petitioner returned as there were no immovable properties in his name. Thereafter Magistrate has recorded evidence under Section 299 of Cr.P.C. As petitioner is a proclaimed offender, he is not entitled for grant of anticipatory bail. With this she prayed to dismiss the petition.

5.

Having heard learned counsel for the parties, this Court has perused the materials placed on record.

6.

A case came to be registered against the petitioner and two others in crime No. 28/2006 of K.R. Sagara Police Station for offence under Sections 379, 511 of IPC. Subsequently, charge sheet has been filed for the said offences and criminal case came to be registered. In the said criminal case even after grant of bail petitioner did not appear. Trial Court had issued proclamation and it came to be duly published. Trial Court recorded evidence under Section 299 of Cr.P.C. Considering the fact that petitioner is a proclaimed offender he is not entitled for grant of anticipatory bail in view of the decision of the Hon ble Apex Court in the case of Asha Dubey Vs. State of Madhya Pradesh rendered in Crl.A. No. 4564/2024 dated 12.11.2024. Considering the above aspects petitioner has not made out any grounds for grant of anticipatory bail as prayed.

7.

In the result, petition is dismissed.