Krishnegowda vs the State of Karnataka

Krishnegowda vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Oct 31, 2025

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Citation: sooperkanoon.com/1765444
Court: Karnataka Orders High Court
Judge: Shivashankar Amarannavar
Decided On: Oct 31, 2025
Case Number: CRL.P/12360/2025

Parties & Advocates

Appellant / Petitioner

Krishnegowda

Respondent

The State of Karnataka

Excerpt

.....of petitioner returned as there were no immovable properties in his name. thereafter magistrate has recorded evidence under section 299 of cr.p.c. as petitioner is a proclaimed offender, he is not entitled for grant of anticipatory bail. with this she prayed to dismiss the petition.5. having heard learned counsel for the parties, this court has perused the materials placed on record.6. a case came to be registered against thepetitioner and two others in crime no. 28/2006 of k.r. sagara police station for offence under sections 379, 511 of ipc. subsequently, charge sheet has been filed for the said offences and criminal case came to be registered. in the said criminal case even after grant of bail petitioner -4-did not appear. trial court had issued proclamation and it came to be duly published. trial court recorded evidence under section 299 of cr.p.c. considering the fact that petitioner is a proclaimed offender he is not entitled for grant of anticipatory bail in view of the decision of the hon’ble apex court in the case of asha dubey vs. state of madhya pradesh rendered in crl.a. no. 4564/2024dated 12.11.2024. considering the above aspects petitioner has not made out any grounds for grant of anticipatory bail as prayed.7. in the result, petition is dismissed. sd/- (shivashankar amarannavar) judge lrs list no.: 1 sl no.: 7 ct.sm

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12360 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1. KRISHNEGOWDA
SON OF BOREGOWDA AGED ABOUT 55 YEARS, No.251, G.KEBBAHALLI VIILAGE AND POST MANDYA DISTRICT - 571 446 ALSO RESIDING AT: RESIDING AT KANAGANAMARADI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …PETITIONER (BY SRI RAMESHA H E, ADVOCATE) AND:

Digitally signed by LAKSHMINARAYANA 1. THE STATE OF KARNATAKA MURTHY RAJASHRI BY POLICE INSPECTOR, K.R SAGARA POLICE Location: HIGH COURT OF STATION, MANDYA DISTRICT- 571 507 KARNATAKA REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL IN SPL.CASE. No.117/2025 REGISTERED BY THE POLICE INSPECTOR, K.R SAGARA POLICE STATION FOR THE OFFENCE -2- PUNISHABLE UNDER SECTION 379, 511 OF IPC PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS COURT AT MANDYA IN CR.No.28/2006 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused No. 1 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in Spl.Case No. 117/2025 pending on the file of I Additional District and Sessions Court, Mandya arising out of crime No. 28/2006 of K.R. Sagara Police Station.

2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State.

3. Learned counsel for petitioner would contend

that the petitioner is residing in the address shown in the charge sheet and no notice/summon/NBW was issued to the said address and therefore he could not appear in the said criminal case. Petitioner is ready to appear in the -3- split-up case and cooperate for speedy trial. With this he prayed to allow the petition.

4. Per contra learned Additional SPP would

contend that petitioner did not appear in the criminal case. Proclamation was issued under Section 82 of Cr.P.C. and it came to be duly published and attachment of property of petitioner returned as there were no immovable properties in his name. Thereafter Magistrate has recorded evidence under Section 299 of Cr.P.C. As petitioner is a proclaimed offender, he is not entitled for grant of anticipatory bail. With this she prayed to dismiss the petition.

5. Having heard learned counsel for the parties, this Court has perused the materials placed on record.

6. A case came to be registered against the

petitioner and two others in crime No. 28/2006 of K.R. Sagara Police Station for offence under Sections 379, 511 of IPC. Subsequently, charge sheet has been filed for the said offences and criminal case came to be registered. In the said criminal case even after grant of bail petitioner -4-

did not appear. Trial Court had issued proclamation and it came to be duly published. Trial Court recorded evidence under Section 299 of Cr.P.C. Considering the fact that petitioner is a proclaimed offender he is not entitled for grant of anticipatory bail in view of the decision of the Hon’ble Apex Court in the case of Asha Dubey Vs. State of Madhya Pradesh rendered in Crl.A. No. 4564/2024

dated 12.11.2024. Considering the above aspects petitioner has not made out any grounds for grant of anticipatory bail as prayed.

7. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 7 Ct.sm

Same Court & Year Karnataka Orders · 2025 Same Parties Krishnegowda vs The State of Karnataka Same Judge Shivashankar Amarannavar