Karnataka High Court
Mr. Nagaraj @ Dicchi Naga vs State Of Karnataka Through on 22 August, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:32897
CRL.P No. 11278 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 11278 OF 2025
BETWEEN:
MR. NAGARAJ @ DICCHI NAGA
S/O LATE MANJUNATH,
AGED ABOUT 26 YEARS,
R/OF 3RD CROSS,
MURALI KRISHNA ROAD,
DODDAGOWDANAPALYA,
BENGALURU 560061
...PETITIONER
(BY SRI. SHRIVATSA., ADVOCATE)
AND:
STATE OF KARNATAKA THROUGH
SUBRAMANYAPURA POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU 560 001.
Digitally
signed by
LAKSHMI T
Location: ...RESPONDENT
High Court
of Karnataka (BY SRI. RANGASWMY. R., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.101/2025 (CR.NO.52/2020 OF THE RESPONDENT
SUBRAMANYAPURA P.S BENGALURU) REGISTERED FOR THE
OFFENCE P/U/S 143,144,323 AND 307 R/W 149 OF IPC PENDING ON
THE FILE OF THE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY CCH-68.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner has preferred this petition, to enlarge him
on bail in Crime No. 52/2020 of Subramanyapura Police
Station, Bangalore City, pending in S.C.No.101/2025 on
the file of LXVII Additional City Civil And Sessions Judge,
Bangalore City, arising out of a split up charge sheet.
2. Heard both sides and perused the material on
the call.
3. The above mentioned FIR came to be registered
against unknown persons, on a complaint lodged by one
Mapizul S.K., wherein he alleged that on 31.03.2020 at
about 01.00 a.m., 6 accused persons came and knocked
the door of his house and asked for water and then all of a
sudden picked up quarrel with him and one of the accused
caused injuries to him with a knife, with an attempt to
commit his murder and thereafter, all of them fled away.
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4. Charge sheet is filed against accused Nos.1 to 7
for the offence punishable under Section 143, 144, 323,
307 r/w 149 IPC. It is alleged that accused Nos. 1 to 7,
along with a child in conflict with law, have committed the
offence. In the charge sheet, petitioner arraigned as
accused No. 1, is shown as absconding.
5. The main case in C.C.No.29415/2021 was
committed to the Court of Sessions and registered as
S.C.No.888/2023. As the petitioner was absconding, case
against him came to be split up, in C.C.No.34054/2021.
He was secured on 02.01.2025. His bail petition has been
rejected by the learned Sessions Judge, on the ground
that if he is enlarged on bail, there is all possibility of him
absconding, which will lead to delay in progress of the
case.
6. Learned High Court Government Pleader has
contended that petitioner is a habitual offender, involved
in 3 more cases and all the while he was absconding and
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hence, if he is enlarged on bail, he may once again flee
from justice and commit similar offences.
7. It is the submission of the learned counsel that,
petitioner was suffering from jaundice and taking
Ayurvedic treatment at his native place and registration of
FIR and filing of charge sheet was not within his
knowledge. He further submits that, petitioner has a 4
years old child and he is the only breadwinner of the
family.
8. FIR is registered against unknown persons. In
the charge sheet, petitioner, arraigned as accused No.1
has been shown as absconding. It is the submission of the
learned counsel that petitioner himself has surrendered
before the police on 02.01.2025, after coming to know
about the case pending against him. Though, the reasons
assigned that he was suffering from jaundice and taking
Ayurvedic treatment etc., cannot be accepted to condone
his conduct, since there is no material placed on the
record, however, considering that the FIR was registered
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against unknown persons and all other accused are now
on bail, an opportunity can be given to the petitioner to
participate in the trial, imposing stringent conditions.
Hence the following:-
ORDER
i) Petition is allowed.
ii) Petitioner/accused No. 1 in Crime No. 52/2020
of Subramanyapura Police Station, Bangalore City,
pending on the file of the LXVII Additional City Civil and
Sessions Judge, Bangalore City (CCH-68) in
S.C.No.101/2025 shall be enlarged on bail subject to the
following conditions:
1. He shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the
likesum, to the satisfaction of the
jurisdictional Court.
2. He shall furnish proof of his
residential address and shall inform
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the Court, if there is change in the
address.
3. He shall not directly or indirectly
tamper with the prosecution
witnesses.
4. He shall not indulge himself in
committing any offence.
5. He shall not leave the jurisdiction of
the trial Court, without prior
permission of the learned Sessions
Judge, till the case is dispose of.
6. He shall appear before the trial Court
regularly on all dates of hearing.
Violation of any of the condition/s shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
LDC
List No.: 1 Sl No.: 29