KISHOR KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS') for his release on bail in S.C.No.1763/2019 pending trial before LXVI Additional City Civil and Sessions Judge at Bengaluru (CCH-67), for the offences punishable under Ss. 399 and 402 of the Indian Penal Code, 1860 (henceforth referred to as 'IPC').

(2.) Based on information furnished by the respondent, a case in Crime No.0041/2019 was registered by the respondent for the offences punishable under Sec. 399, 402 of IPC, 1860. The petitioner was arraigned as accused No.4. The accused No.4 was granted anticipatory bail on 26/2/2019. The petitioner was enlarged on bail and after his release, he sought time to furnish surety. However, the petitioner/accused No.4 failed to comply with the conditions imposed by the Sessions Court. Thereafter, he failed to appear before the Court and a non-bailable warrant (henceforth referred to as 'NBW') was issued against him. The accused No.4 failed to furnish surety even after the Court recalled the non-bailable warrant. The petitioner thereafter remained absent, forcing the trial Court to issue a non-bailable warrant again, which was recalled at the instance of the petitioner on 2/9/2023. However, the petitioner failed to offer surety, following which another NBW was issued on 10/10/2024, which was recalled on 30/11/2024. The petitioner again remained absent, following which an NBW was issued on 5/5/2025 and the bail bond and surety bond furnished by the accused No.1 was forfeited. A proclamation was issued against the petitioner. In the meanwhile, the petitioner was arrested and produced before the trial Court. The petitioner then filed an application under Sec. 439 of the Code of Criminal Procedure, 1973 (henceforth referred to as Cr.P.C.), which was rejected primarily on the ground that the petitioner had failed to appear before the Court persistently.

(3.) Being aggrieved by the same, the petitioner/accused No.4 is before this Court.