[Cites 10, Cited by 0]
Karnataka High Court
Sri Shabbir Ahmed vs State Of Karnataka on 6 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 14481 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14481 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
SRI. SHABBIR AHMED
S/O LATE KHALIL SAHEB
AGED ABOUT 46 YEARS
R/AT NO.79, 5TH CROSS
VITTASANDRA ROAD
LAKSHMI LAYOUT, BEGUR VILLAGE
BEGUR POST
BENGALURU SOUTH TALUK-560 068
...PETITIONER
(BY SRI. SYED ZAHEERUDDIN BAREED, ADVOCATE)
AND:
STATE OF KARNATAKA
Digitally signed by
LAKSHMINARAYANA REP. BY MADIWALA POLICE STATION
MURTHY RAJASHRI THROUGH STATE PUBLIC PROSECUTOR
Location: HIGH
COURT OF HIGH COURT BUILDING
KARNATAKA
BENGALURU-560 001
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
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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CRL.P No. 14481 of 2025
HC-KAR
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.
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.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.
2. Heard the learned counsel for petitioner and
learned HCGP for respondent/State.
3. 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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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
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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has not been served on him. Considering the above
aspects, he submits that as per decision in Asha Dubey
vs. the State of Madhya Pradesh in Criminal Appeal
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.
4. 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.
5. Having heard the counsel, the Court has perused
the materials placed on record.
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6. The petitioner was on bail before the committal
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.
7. 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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on him. The Hon'ble Apex Court in Asha Dubey (supra)
has observed as under:
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.
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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8. Considering the above facts and as the petitioner
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:
ORDER
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
Station) pending on the file of LXVI Additional City Civil
and Sessions Judge, Bengaluru City, subject to following
conditions.
(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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(ii) Petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) Petitioner shall appear before the trial
Court on all dates of hearing unless
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 13
