SHABBIR AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 482 of BNSS praying to grant anticipatory bail in Crime No.926/2004 of Madiwala Police Station, registered for offences under Ss. 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 dtd. 25/11/2004. Thereafter the charge sheet has been filed and he appeared before the committal Court. The case has been committed to the Sessions Court by order dtd. 18/9/2019. 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 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.