SYED SHABBIR @ SHABBIER PASHA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 22 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 16018 OF 2026
BETWEEN:
SYED SHABBIR @ SHABBIER PASHA,
S/O SYED IBRAHIM,
AGED ABOUT 32 YEARS,
R/AT 2ND CIRCLE,
RAGIGUUDE, KEB COLONY,
NANDAGUDI VILLAGE AND POST,
HOSAKOTE TALUK,
BANGALORE RURAL - 562 122.
…PETITIONER
(BY SRI MADHU E.K., ADVOCATE)
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
AND:
STATE OF KARNATAKA
BY MALAVALLI TOWN POLICE,
MANDYA DISTRICT.
REPRESENTD BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI G.S. NAGHARISH, HCGP)
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE HIM ON BAIL IN
S.C.NO.143/2023 OF MALAVALLI TOWN POLICE STATION FOR
THE OFFENCES P/U/S 399 AND 402 IPC PENDING ON THE FILE
OF I ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The learned HCGP is directed to take notice for the
respondent.
2. The petitioner/ accused No.2 has filed this
petition under Section 439 of the Code of Criminal Procedure
for grant of bail in SC No.143/2023 pertains to the offence
punishable under Sections 399 and 402 of IPC.
3. Heard Sri Madhu E.K, the learned counsel for the
petitioner and Sri G.S. Nagharish, the learned HCGP for the
respondent.
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
4. The learned counsel for the petitioner submits
that the petitioner/ accused No.2 has obtained regular bail
by the IV Addl. District and Sessions Judge, Mandya in Crl.
Misc. No.922/2020 dated 04.01.2021. After the
investigation, IO has submitted chargesheet against the
accused Nos.1 to 5 on 01.03.2021 for the offences
punishable under Sections 399 and 402 of IPC.
5. After filing the chargesheet, the case was
registered in CC No.11/2021. After receipt of summons, the
petitioner appeared before the learned Magistrate. The
learned Magistrate has released the petitioner/ accused No.2
on regular bail. This case was committed to the Court of
Sessions and case was registered in SC No.143/2023.
6. The certified copy of the order sheet produced by
the petitioner reveals that the Session Court has registered
the case and issued the summons to the accused Nos.1, 2
and 4 as per the order dated 03.11.2023. But, summons was
not served to this present petitioner. On 15.04.2024, the
trial Court has passed an order to re-issue summons to
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
accused Nos.1 and 2 and the case was registered on
30.09.2024. The summons issued to accused No.2 returned
with shara that 'he left address'.
7. Finally, the Sessions Court has passed the order
on 03.04.2025 for re-issue summons to accused Nos.1 and 2
and case was posted to 16.07.2025. That on 16.05.2025, the
concerned police sought time to execute the summons, the
same was noted in the order sheet dated 16.07.2025.
However, without perusal of the shara, the learned Sessions
Judge has issued NBW to accused Nos.1 to 3 and case was
posted to 18.08.2025.
8. The NBW was executed against the accused No.2
on 04.09.2026. The accused was remanded to the judicial
custody. The application was filed on behalf of the petitioner
under Section 483 of Bharathiya Nagarik Suraksha Sanhita,
2023 read with Section 439 of Cr.PC for grant of bail. The
same was rejected by the trial Court as per order dated
01.10.2026.
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
9. In para Nos.10 and 11 of this order, the trial
Court observed as under:
"10. In this matter the accused No.2/petitioner
already obtained bail in Criminal Misc.
No.922/2020, but he violated the conditions
imposed by the Court. Though he executed bond
and surety but not present before the Court after
committal. Because of his continuous absence the
matter prolonged from 2023 onwards till 2026
without any progress. The conduct of the accused
No.2/petitioner clearly shows that he is not
intending to cooperate with the Court to complete
the trial. His absence shows his conduct. Hence,
he not entitle to bail
11. I have perused the order sheet maintained
by committal Court in Crime No.70/2020 and
subsequent C.C.No.11/2021. After obtaining bail
accused No.2 was not regularly present before the
committal Court. The committal Court issued NBW
against accused No.2 since 2021 onwards. This
shows that the accused not cooperated during
investigation as well as during the trial. Hence, he
is not entitling to bail. I feel the presence of the
accused No.2 in the custody is required for the
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
purpose of trial. There is no sufficient ground to
enlarge the accused No.2 on bail. Consequently,
his petition for regular bail is liable to reject and I
answer the point No.1 in the negative."
10. On perusal of this order, it is clear that the
learned Sessions Judge has not applied his judicial mind
before sending this accused/ petitioner to the judicial
custody. When the learned Sessions Judge has issued the
summons to the accused, it is the duty of the Court to
ascertain whether the summons is served or not. Though the
concerned police has sought time to execute the summons,
without application of mind, the trial Court has issued the
NBW, which is illegal and not sustainable under law. Even
after production of Accused, the learned Sessions Judge has
not applied his judicial mind and rejected the bail application
without assigning the proper reason.
11. The findings and observation of the learned
Sessions Judge are contrary to law as well as facts and
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HC-KAR
NC: 2026:KHC:59267
CRL.P No. 16018 of 2026
CNR: KAHC010731962026
circumstances of the case. Hence, I proceed to pass the
following:
ORDER
1. The petition is allowed.
2. The Petitioner/ Accused No.2 shall be released on
bail, subject to following conditions:
i) The petitioner/ accused No.2 shall execute a
personal bond for a sum of Rs. 1,00,000 /-
(Rupees one lakh only) with one surety for
the likesum to the satisfaction of the trial
Court.
ii) The petitioner/accused No.2 shall not tamper
or prosecute the witnesses in any manner.
iii) The petitioner/accused No.2 shall appear
before the trial Court on all the date of
hearing.
Registry is directed to communicate this order to
the trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
LL
List No.: 1 Sl No.: 19