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Karnataka High Court
Shanthayya vs The State Of Karnataka on 5 May, 2026
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NC: 2026:KHC-K:3833
CRL.P No. 200564 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL PETITION NO. 200564 OF 2026
(438(Cr.PC)/482(BNSS)
BETWEEN:
SHANTHAYYA S/O BASAYYA
AGE : 64 YEARS, OCC: NIL,
R/O: WARD NO.21 NEAR THONTDRAYYA MATH
LINGASUGUR TQ: LINGASUGUR,
DIST; RAICHUR - 584 122.
AADHAAR NO.944425509089
...PETITIONER
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH BRAHMAPUR POLICE STATION
KALABURAGI, REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
Digitally signed
by SACHIN AT KALABURAGI DIST: KALABURAGI -07.
Location:
HIGH COURT ...RESPONDENT
OF
KARNATAKA (BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD),
U/S. 482 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION
THEREBY GRANTING ANTICIPATORY BAIL TO THE PETITIONER AND
DIRECT THE RESPONDENT POLICE / BRAHMAPURA POLICE STATION,
DIST. KALABURAGI, TO RELEASE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.266/1999,
(OFFENCES P/U/S 420, 468 AND 471 OF IPC), FILE PENDING
BEFORE THE IV ADDL. CIVIL JUDGE AND JMFC AT GULBARGA /
KALABURAGI IN C.C.NO.1073/2003, IN THE EVENT OF HIS ARREST
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-K:3833
CRL.P No. 200564 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Heard Sri.Ganesh Naik, learned counsel appearing for
the petitioner and learned High Court Government Pleader
for the respondent-State on main petition.
2. Learned counsel for the petitioner files a memo
along with order sheet dated 30.01.2013, wherein the
Trial Court has observed that, the petitioner was earlier
released on bail on 21.12.1999 on furnishing personal
bond as well as surety.
3. Learned counsel submits that, thereafter the
petitioner lost his job and shifted to his native, as such,
the petitioner was not aware of filing of the charge-sheet
in 2001. In that view of the matter, the Trial Court issued
non-bailable warrant against him and subsequently issued
notice canceling the surety and forfeiting the surety bond
and issued proclamation notice as well LPR i.e. Long
Pending Register notice against the petitioner.
NC: 2026:KHC-K:3833
HC-KAR
4. In that view of the matter, the petitioner seeks
leave of the Court to appear before the concerned Court
and would file regular bail application before the
concerned Court. Further he seeks indulgence of this
Court that the concerned Court may be directed to
consider the bail application on the same day for disposal
as NBW and proclamation notice issued against the
petitioner. Learned counsel further submits that, the
petitioner would abide by all the conditions, which would
be imposed in the event he is admitted on bail.
5. Learned HCGP submitted that the prayer may
be considered.
6. Considering the submission and noting that the
petitioner was on bail during the crime stage and charge-
sheet has been filed in 2001, now 25 years passed, the
jurisdictional Court to consider the case of the petitioner in
the event bail application is filed preferably on the same
day and pass appropriate orders in accordance with law.
NC: 2026:KHC-K:3833
HC-KAR
7. With these observations, petition stands
disposed of.
Sd/-
(T.M.NADAF)
JUDGE
SDU
LIST NO.: 2 SL NO.: 5
CT:VK
