In this criminal petition for anticipatory bail, the High Court of Karnataka dismissed the plea. The petitioner, accused in serious offences, had been absconding since 2005 and evading summonses despite a non-bailable warrant. The court held it was not a fit case to grant bail.
The criminal petition filed for anticipatory bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:20227 CRL.P No. 13202 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
CRIMINAL PETITION NO. 13202 OF 2025 [(438(Cr.PC) / 482(BNSS)]
BETWEEN:
KAILA VIJAY KUMAR SHOWN AS VIJAYAKUMAR IN CHARGE SHEET, S/O KAILA RADHAKRISHNA, AGED ABOUT 56 YEARS, R/AT NO.13-1-373, M.G.COLONY, ANANTHAPUR TOWN, ANDRA PRADESH - 515 001.
&PETITIONER
(BY SRI. KARTHIK YADAV U., ADVOCATE)
AND:
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
STATE OF KARNATAKA BY TIRUMANI POLICE, PAVAGADA TALUK, TUMAKURU DIST. - 572 136, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
&RESPONDENT
(BY SRI. VIJAYAKUMAR MAJAGE, SPP-II ALONG WITH SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CODE OF
CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST, IN
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CRIME NO.7/2005, FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 307, 302, 396, 353 READ WITH SECTIONS 120-B AND 149 IPC AND UNDER SECTIONS 2 AND 3 OF INDIAN EXPLOSIVES ACT AND UNDER SECTION 25 OF ARMS ACT, ON THE FILE OF THIRUMANI POLICE STATION, PAVAGADA TALUK, TUMAKURU DISTRICT, WHICH IS NOW REGISTERED C.C.NO.957/2024, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, PAVAGADA, TUMAKURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 307, 302, 396, 353, 109, 332, 333, 120, 121, 121(A), 120-B READ WITH 149 IPC AND UNDER SECTIONS 3, 4 AND 5 OF EXPLOSIVES ACT AND UNDER SECTION 25 OF ARMS ACT READ WITH SECTIONS 10 AND 13 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is filed by accused No.65 in Crime No.7/2005 registered by Thirumani Police Station, for the offences punishable under Sections 143, 144, 147, 148, 307, 302, 396, 353, 120, 121, 121(A), 121(B), 109, 323, 333 read with Section 149 of Indian Penal Code, 1860, under Sections 3 and 4 of Indian Explosives Act, 1884,
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under Sections 10 and 13 of Unlawful Activities (Prevention) Act, 1967 and under Section 25 of the Arms Act, 1959.
parties.
appearing for the petitioner contended that, the petitioner was not absconding but he was working as Senior Assistant in the Ananthapur Division Postal Employees Co-
operative Society Ltd., joined as Junior Assistant on 01.04.1999 and resigned on 31.12.2024. Therefore, it is submitted by the learned counsel appearing for the petitioner that, the petition may be allowed. It is also submitted by the learned counsel appearing for the petitioner that, the petitioner is not involved in the allegations as made against the petitioner by the respondent and that apart, it is submitted that, a criminal case lodged against the other co-accused came to be disposed of, with acquittal orders passed by the competent
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Court and accordingly, he sought for interference of this Court.
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Unlawful Activities (Prevention) Act, 1967 and under Section 25 of the Arms Act, 1959.
petitioner has evaded to appear before the Trial Court and that the final report has already been filed before the competent Court, and the factual aspects of the matter, at this stage, it is not a fit case to accept the petition to grant anticipatory bail. By looking into the nature of the alleged
NC: 2026:KHC:20227 CRL.P No. 13202 of 2025
HC-KAR
offences against the petitioner and that apart for nearly more than twenty two (22) years i.e., since 2005, the petitioner has been absconding and evading the Court proceedings. Therefore I am of the view that, it is not a fit
case to grant anticipatory bail and accordingly, the Criminal Petition is dismissed .
SD/(E.S.INDIRESH) JUDGE
KLV
List No.: 1 Sl No.: 2
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given that he has been absconding and evading court proceedings since 2005.
Whether the long duration of absence and evasion of summons makes the present case a fit case for granting anticipatory bail.
KAILA VIJAY KUMAR SHOWN AS VIJAYAKUMAR IN CHARGE SHEET, S/O KAILA RADHAKRISHNA
STATE OF KARNATAKA REPRESENTED BY SPP, HIGH COURT OF KARNATAKA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
