Karnataka High CourtCriminal Procedure and EvidenceCriminal Law

Karnataka HC Grants Bail After Sessions Court Issued NBW Despite Police Seeking Time To Execute Summons

SYED SHABBIR @ SHABBIER PASHAv.STATE OF KARNATAKA

Karnataka HC Grants Bail After Sessions Court Issued NBW Despite Police Seeking Time To Execute Summons. SYED SHABBIR @ SHABBIER PASHA vs STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the Sessions Court’s issuance of an NBW and rejection of bail were justified where the summons had not been served and the police had sought time to execute it.

The court held

The High Court allowed the petition and directed the petitioner’s release on bail.

It also directed

He was required to execute a personal bond of ₹1,00,000 with one surety for the like sum, refrain from tampering with or otherwise interfering with witnesses, and appear before the trial court on every hearing date.

01Facts

The petitioner, Accused No. 2 in a Sessions case concerning alleged offences under Sections 399 and 402 of the IPC, had earlier been granted bail by the Sessions Court on 4 January 2021.

p. 3

After committal of the case, the Sessions Court issued summons; the summons to the petitioner was returned with an endorsement that he had left the address.

pp. 3–6

The High Court noted that police had sought time to execute the summons, but the Sessions Court nevertheless issued a non-bailable warrant (NBW).

pp. 3–6

The NBW was executed on 4 September 2026, and the petitioner was remanded to custody.

pp. 3–6

His subsequent bail application was rejected on 1 October 2026, principally on the ground that he had failed to appear and cooperate with the proceedings

pp. 3–6

02Issues

i.1. Whether the Sessions Court’s issuance of an NBW and rejection of bail were justified where the summons had not been served and the police had sought time to execute it.

pp. 3–6

ii.2. Whether the petitioner should be released on bail in the circumstances of the case.

pp. 6–7

03Law Applied

The petition was considered under Section 439 of the Code of Criminal Procedure and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as referred to in the proceedings.

p. 2, 4

The alleged offences were under Sections 399 and 402 of the IPC.

pp. 2–3

The Court applied the procedural principle that a court issuing a warrant must consider whether summons has been served and must exercise judicial discretion before directing coercive process; a bail decision must likewise be supported by proper consideration and reasons.

p. 6

Provisions in the judgment · 4 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Indian Penal Code, 1860 Section 399Section 402

04Reasoning

The High Court found that the record showed the summons had not been served on the petitioner and that the police had sought further time for its execution.

pp. 6–7

In those circumstances, the Sessions Court’s issuance of an NBW without adequately considering the service position was held to be without proper application of judicial mind.

pp. 6–7

The High Court also found that the bail rejection did not adequately address those circumstances and was not supported by proper reasons.

pp. 6–7

It therefore held the Sessions Court’s findings contrary to the law and facts of the case.

pp. 6–7

05Holding

The High Court allowed the petition and directed the petitioner’s release on bail.

p. 7

He was required to execute a personal bond of ₹1,00,000 with one surety for the like sum, refrain from tampering with or otherwise interfering with witnesses, and appear before the trial court on every hearing date.

p. 7
Karnataka High Court

Original Court PDF

SYED SHABBIR @ SHABBIER PASHAvsSTATE OF KARNATAKA

Karnataka High Court · October 22, 2026

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