Citation : 2025 Latest Caselaw 10870 Kant
Judgement Date : 1 December, 2025
-1-
NC: 2025:KHC:49745
CRL.P No. 14923 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14923 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. MUDASIR @ MUDDA
S/O APSAR KHAN
AGED ABOUT 24 YEARS,
RAVI EXTENSION,
R/AT #48, 4TH CROSS,
NANDINI LAYOUT,
BENGALURU-560096.
...PETITIONER
(BY SRI. MANJUNATH M R.,ADVOCATE)
Digitally signed by AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF
KARNATAKA BY NANDINI LAYOUT P.S,
BENGALURU.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.
...RESPONDENT
(BY SMT.B PUSHPALATHA, ADDL.SPP)
-2-
NC: 2025:KHC:49745
CRL.P No. 14923 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.400/2019 IN ITS S.C NO.1554/2024
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 399 AND 402 OF IPC BY NANDINI LAYOUT P.S,
BENGALURU PENDING ON THE FILE OF THE HONBLE PRL.CITY
CIVIL AND SESSIONS JUDGE CCH-1 AT BENGALURU.
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.5 under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Crime No.400/2019 of Nandini Layout
Police Station pending in SC No.1554/2024 on the file of
the learned Principal City Civil and Sessions Judge, CCH-1
Bengaluru registered for the offences punishable under
Sections 399 and 402 of IPC.
2. Heard the learned counsel for petitioner and the
learned Additional State Public Prosecutor for
respondent/State.
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3. The learned counsel for petitioner would
contend that, the petitioner was earlier granted bail at
crime stage in the year 2019. Subsequently, the case
came to be split up, and accused Nos.2, 3 and 4 have
been acquitted in SC No.1023/2022 by judgment dated
02.09.2025. The case against the petitioner has been split
up, and now pending in SC No.1554/2024. The petitioner
remained absent and he has been secured by executing
NBW on 21.09.2025, and since then, he is in judicial
custody. The petitioner undertakes to appear before the
Trial court on all dates of hearing, and cooperate for
speedy disposal of the case. The petitioner has deposited a
sum of Rs.25,000/- towards forfeited bond amount of
Rs.50,000/-. With this, he prayed to allow the petition.
4. The learned Additional State Public Prosecutor
would contend that, due to the absence of the petitioner,
the case registered against him has been split up, and
there is no progress in the split up case as the petitioner
remained absent. If he is again granted bail, he will again
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remain absent, and it will cause hindrance in disposal of
the case. With this, she prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the materials placed on record.
6. The petitioner is accused No.5 in Crime
No.400/2019 of Nandini Layout Police Station registered
for the offences under Sections 399 and 402 of IPC. The
petitioner has been granted bail in the year 2019.
Subsequently, the petitioner could not appear in SC
No.1023/2022, and therefore, the case against him has
been split up, and now pending in SC No.1554/2024. The
petitioner remained absent, and to secure his presence,
NBW has been issued. The NBW against the petitioner has
been executed, and he has been secured on 21.09.2025,
and since then, he is in judicial custody. The petitioner has
undertaken to appear before the Trial Court on all dates of
hearing, unless exempted, and cooperate for speedy
disposal of the case. The petitioner has also deposited a
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HC-KAR
sum of Rs.25,000/- towards forfeited bond amount of
Rs.50,000/-, and the same can be appropriated to the
State.
7. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in SC
No.1554/2024 (Crime No.400/2019 of Nandini Layout
Police Station) pending on the file of the learned Principal
City Civil and Sessions Judge CCH-1, Bengaluru registered
for the offences punishable under Sections 399 and 402 of
IPC subject to following conditions:
a) 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.
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b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) 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.25,000/- deposited by the
petitioner shall be appropriated to the State towards
forfeite bond amount.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM
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