Sri Shabbir Ahmed Vs State of Karnataka

SRI. SHABBIR AHMED S/O LATE KHALIL SAHEB AGED ABOUT 46 YEARS R/AT NO.79, 5^TH CROSS VITTASANDRA ROAD LAKSHMI LAYOUT, BEGUR VILLAGE BEGUR POST BENGALURU SOUTH TALUK-560 068

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…PETITIONER

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(BY SRI. SYED ZAHEERUDDIN BAREED, ADVOCATE)

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AND:

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STATE OF KARNATAKA Digitally signed by REP. BY MADIWALA POLICE STATION LAKSHMINARAYANA MURTHY RAJASHRI THROUGH STATE PUBLIC PROSECUTOR Location: HIGH COURT OF HIGH COURT BUILDING KARNATAKA BENGALURU-560 001

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…RESPONDENT

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(BY SRI. M.R. PATIL, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNNS) PRAYING TO ALLOW ANTICIPATORY BAIL PETITION AND DIRECT THE RESPONDENT MADIWALA POLICE STATION TO ENLARGE THE PETITIONER/ACCUSED NO.01 ON BAIL IN THE EVENT OF HIS ARREST FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 384 AND 397 OF I.P.C, ARISING OUT OF

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NC: 2026:KHC:7068 CRL.P No. 14481 of 2025

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HC-KAR

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CRIME NO.926/2004 REGISTERED BY THE RESPONDENT, MADIWALA POLICE STATION AND PENDING ON THE FILE OF THE LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN S.C 1978/2019.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.926/2004 of Madiwala Police Station, registered for offences under Sections 341, 323, 384, 394, 397 read with 34 of IPC, pending in S.C.No.1978/2019, on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru City.

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Heard the learned counsel for petitioner and

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learned HCGP for respondent/State.

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Learned counsel for the petitioner would contend that the petitioner has been granted bail by order dated 25.11.2004. Thereafter the charge sheet has been filed and he appeared before the committal Court. The case has

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HC-KAR

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been committed to the Sessions Court by order dated 18.09.2019. On the date of committal the petitioner was present before the committal Court and he has executed bond undertaking to appear before the Sessions Court. He further submits that the petitioner even though residing in

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the same address has not received any summons from the Sessions Court. The summons issued to the petitioner has been returned unserved as he vacated the address. The Aadhar card of the petitioner indicates that he is residing in the same address which is mentioned in the charge sheet. Thereafter, NBW has been issued against the petitioner. Even the NBW has been returned unexecuted as the petitioner has vacated the address. Thereafter, proclamation has been issued and the said proclamation has been published. The petitioner now came to know regarding the case pending against him and anticipating his arrest, filed anticipatory bail petition before the Sessions Court and it came to be rejected. The petitioner could not appear before the Sessions Court, as summons

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HC-KAR

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has not been served on him. Considering the above

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aspects, he submits that as per decision in Asha Dubey

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vs. the State of Madhya Pradesh in Criminal Appeal

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No.4564/2024 decided on 12.11.2024, the petitioner is entitled for grant of anticipatory bail even though he has been issued with proclamation and it has been duly published. The petitioner is ready to appear before the Sessions court and abide by any conditions to be imposed by this Court. With this he prayed to allow the petition.

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Per contra , learned HCGP would contend that the summons and warrant issued against the petitioner have been returned as he vacated the address. Only on publication of proclamation, he appeared before the Sessions court and sought anticipatory bail, the very fact indicates that he is aware of the pendency of the case. With this he prayed to reject the petition.

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Having heard the counsel, the Court has perused the materials placed on record.

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HC-KAR

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The petitioner was on bail before the committal

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Court. The case has been committed to the Sessions Court and petitioner has executed bail bond undertaking to appear before the Sessions Court on service of summons. The Sessions Court on receipt of committal order and charge sheet has registered case in S.C.No.1978/2019. The summons issued to the petitioner has been returned unserved with an endorsement that he vacated the address. Even the NBW issued against the petitioner has been returned unexecuted with an endorsement that he has vacated the address.

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The learned counsel for petitioners submits that petitioner is residing in the same address mentioned in the charge sheet and in that regard he has produced the copy of his Aadhar card. The proclamation issued against the petitioner has been duly published and the Sessions Court has recorded the same. Considering the above aspects, the NBW and proclamation have been issued to petitioner inspite of the fact that the summons have not been served

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NC: 2026:KHC:7068 CRL.P No. 14481 of 2025

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HC-KAR

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on him. The Hon'ble Apex Court in Asha Dubey (supra)

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has observed as under:

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8. Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail.

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9. When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses.

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HC-KAR

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Considering the above facts and as the petitioner

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has undertaken to appear before the Sessions Court, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:

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ORDER

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Petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in SC No.1978/2019 (Crime No.926/2004 of Madiwala Police

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Station) pending on the file of LXVI Additional City Civil

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and Sessions Judge, Bengaluru City, subject to following conditions.

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(i) Petitioner shall voluntarily appear before the trial Court in S.C.No.1978/2019 pending on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru City, within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

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