Kurban Mohiddin Syed @ Munna Vs State by Rural Police Chikmagalur

THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.60/2025 REGISTERED BY THE RURAL POLICE, CHIKKAMAGALURU (IN CR.No.253/2020 DATED 13.10.2020) PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU FOR THE OFFENCE PUNISHALBE UNDER SECTION 436 OF IPC.

¶18

2 -

¶19

NC: 2025:KHC:34031 CRL.P No. 11411 of 2025

¶20

HC-KAR

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶23

ORAL ORDER

¶24

Petitioner is seeking to enlarge him on bail in Crime No.253/2020 of Chikkamagaluru Rural Police Station registered for the offence punishable under Section 436 of IPC.

¶25

The incident allegedly took place in the wee hours of 13.10.2020, wherein, the petitioner is alleged to have set fire to complainant's house and burnt articles worth Rs.1 lakh kept in the cup-board and cash of Rs.40,000/-.

¶26

Complainant is none other than the brother-in-law of the petitioner. The material on record reveals that, petitioner was initially enlarged on statutory bail. Since he remained absent, despite issuance of summons and nonbailable warrants, his bail bond and surety bonds were cancelled and forfeited. Proclamation was issued under

¶27

3 - NC: 2025:KHC:34031 CRL.P No. 11411 of 2025

¶28

HC-KAR

¶29

Section 82 of Cr.P.C. Ultimately, he was secured under

¶30

NBW on 06.05.2025 and remanded to judicial custody.

¶31

It is submitted by learned counsel that after the petitioner was enlarged on bail, he has not received any summons. He had gone to Mumbai, to eke out his livelihood and he was staying there. Due to miscommunication with the Advocate, he could not appear before the trial Court. He submitted that complainant is no more and the parties are closely related to each other. Petitioner will undertake to appear before the trial Court on every date of hearing.

¶32

Learned HCGP contended that if the petitioner is enlarged on bail, he may flee from justice and in that event, there will be further delay in trial. Accordingly, sought to dismiss the petition.

¶33

Petitioner has undertaken to appear before the trial Court on every date of hearing without fail. Considering the facts and circumstances and the

¶34

4 -

¶35

NC: 2025:KHC:34031 CRL.P No. 11411 of 2025

¶36

HC-KAR

¶37

submission of learned counsel, an opportunity can be

¶38

given to the petitioner to participate in the trial.

¶39

It is made clear that if the petitioner once again remains absent before the trial court, no further indulgence shall be shown to him. Accordingly, the following:

¶40

ORDER

¶41

Petition is allowed.

¶42

Petitioner/accused in Crime No.253/2020 of Chickmagalur Rural Police Station, pending in S.C.No.60/2025 on the file of the learned Principal District and Sessions Judge, Chikkamagaluru, is ordered to be enlarged on bail, subject to following conditions:

¶43

He shall execute a personal bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with two sureties, out of which one shall be a local surety, for the likesum to the satisfaction of the jurisdictional Court.

¶44