Niyaz Vs State by Nanjundgud Rural Police — Bail and Remand | Karnataka HC (2025)

Niyaz Vs State by Nanjundgud Rural Police — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner (accused No.9) enlarged on bail in S.C.No.89/2025 subject to: (i) personal bond of Rs.1,00,000/- with one surety for the like sum; (ii) no direct or indirect tampering with prosecution witnesses; (iii) attendance on all hearing dates unless exempted and co-operation for speedy disposal; and the Rs.50,000/- deposit appropriated to the State towards the forfeited bond amount.

Issue for consideration

Whether the petitioner/accused No.9, earlier granted bail but absconding (leading to split-up registration in S.C.No.89/2025 and re-arrest by NBW), should be enlarged on bail in S.C.No.89/2025 pending before the III Additional District and Sessions Judge, Mysore.

Court's answer

The petition is allowed and the petitioner is granted bail in S.C.No.89/2025 (arising out of Crime No.391/2017 of Nanjanagudu Rural Police Station) pending on the file of the III Additional District and Sessions Judge, Mysore, subject to conditions.

Ratio / Principle

Bail conditioned on the petitioner executing a personal bond for Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

Key takeaways

Condition that the petitioner shall not tamper with prosecution witnesses either directly or indirectly.ratio¶¶38
Condition that the petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.ratio¶¶39
The Rs.50,000/- deposited by the petitioner is to be appropriated to the State towards the forfeited bond amount.ratio

Detailed headnote1 paragraphs

Bail — S.483 BNSS (petition filed as S.439 CrPC / 483 BNSS) — Accused No.9 in S.C.No.89/2025 (split-up charge sheet arising out of Crime No.391/2017, Nanjangud/Nanjanagudu Rural Police Station; offences under Ss.399 and 402 IPC) had been granted bail on 09.03.2018; after commitment (S.C.No.212/2018) he absented himself, the case was split up (order dated 17.02.2024 registering S.C.No.62/2024, and subsequently S.C.No.89/2025 along with accused Nos.4, 7, 9 and 10); he was secured through NBW on 10.09.2025 and remained in judicial custody; absence explained as miscommunication between counsel and petitioner, who undertook to appear and co-operate and deposited Rs.50,000/- towards the forfeited bond of Rs.1,00,000/- — HELD: considering these aspects the petitioner had made out a case for bail with conditions; petition allowed; bail granted subject to (i) personal bond of Rs.1,00,000/- with one surety for the like sum, (ii) no direct or indirect tampering with prosecution witnesses, (iii) attendance on all hearing dates unless exempted and co-operation for speedy disposal; the Rs.50,000/- deposit appropriated to the State towards the forfeited bond amount. (Oral order dated 16.12.2025; Bench: Shivashankar Amarannavar, J.)

NC: 2025:KHC:53502 CRL.P No. 15119 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15119 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

NIYAZ S/O AZEEZ AGED 23 YEARS R/AT ANDEPURAM HOUSE BALLARAKUN SUNDEL POST, WHITHRI TALUK WAYNADU DISTRICT KERALA – 673 579.

…PETITIONER

(BY SRI MADHU E.K, ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

STATE BY NANJUNGUD RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.

…RESPONDENT

(BY SMT. B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C.No.89/2025 OF NANJANGUD RURAL POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 399 AND 402 OF IPC.

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NC: 2025:KHC:53502 CRL.P No. 15119 of 2025

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.9 under Section

483 of BNSS, praying to grant bail in S.C.No.89/2025 (arising out of Crime No.391/2017 of Nanjanagudu Rural Police Station) pending on the file of III Additional District and Sessions Judge, Mysore, registered for the offence under Section 399 and 402 of IPC.

The petitioner has been granted bail by order dated 09.03.2018 and thereafter he has been released on bail. After filing of the charge sheet, case came to be committed to the Sessions Court and registered in S.C.No.212/2018. The petitioner appeared before the Sessions Court for some dates and thereafter he remained absent. The case against petitioner came to be split up by order dated 17.02.2024 and registered in S.C.No.62/2024. Thereafter again as this petitioner/accused No.9 remained

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HC-KAR

absent, case against him and accused Nos.4, 7, 9 and 10 came to be split up and split up charge sheet is registered in S.C.No.89/2025. The petitioner has been secured by executing NBW on 10.09.2025 and since then he is in judicial custody. It is submitted that due to miscommunication between counsel and the petitioner, he could not appear before the Sessions Court. The petitioner has undertaken to appear before the Sessions Court and co-operate for speedy disposal of the case. The petitioner has deposited Rs.50,000/- towards forfeited bond amount of Rs.1,00,000/- on 16.12.2025 in S.C.No.89/2025. The said amount deposited to the petitioner requires to be appropriated to the State towards forfeited bond amount.

Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following:

ORDER

The petition is allowed. The petitioner is granted bail

in S.C.No.89/2025 (arising out of Crime No.391/2017 of

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NC: 2025:KHC:53502 CRL.P No. 15119 of 2025

HC-KAR

Nanjanagudu Rural Police Station) pending on the file of III Additional District and Sessions Judge, Mysore, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

(ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

(iii) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

The amount of Rs.50,000/- deposited by the petitioner shall be appropriated to the State towards forfeited bond amount.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 4 Ct.sm