Karnataka High Court
Mehul Patel vs State Of Karntaka on 21 May, 2026
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CRL.P No. 6903 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CRIMINAL PETITION NO. 6903 OF 2026
BETWEEN:
MEHUL PATEL,
AGED ABOUT 45 YEARS,
S/O LATE JAYANTH PATEL,
R/AT NO.62, G-3,
ORCHID APARTMENTS,
BEHIND AIRTEL OFFICE,
NANDIDURGA ROAD,
BENGALURU - 560 046.
...PETITIONER
(BY SMT.JAYNA KOTHARI, SENIOR ADVOCATE FOR
SRI. NAVEEN CHANDRA V., ADVOCATE)
AND:
Digitally signed
by VINUTHA B STATE OF KARNATAKA,
S J.C.ROAD P.S.,
Location: High REPRESENTED BY SPP,
Court of
Karnataka HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT.M.M.WAHEEDA, HCGP)
THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CONNECTION WITH FIR BEARING CR.NO.46/2013 REGISTERED
BY J.C.NAGAR P.S. BENGALURU FOR THE OFFENCE P/U/S 406,
468, 420, 504, 506 OF THE IPC 1860 IN SPLIT UP IN
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CRL.P No. 6903 of 2026
HC-KAR
C.C.NO.43065/2025 PENDING ON THE FILE OF THE VIII
A.C.J.M BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
This petition under Section 483 of the Bharatiya Nagarika
Suraksha Sanhita, 2023 (for short, ‘BNSS’) is by accused in
Crime No.46/2013 registered by J.C.Nagar Police Station,
Bengaluru for the offences punishable under Sections 406, 468,
420, 504 and 506 of IPC, 1860 pending on the file of VII Addl.
Chief Judicial Magistrate, Bengaluru.
2. Smt. Jayna Kothari, learned Senior Counsel appearing for
Sri Navin Chandra V., learned counsel for the petitioner submits
that the case arises out of a purported transaction relating to
immovable property and the alleged failure to complete the
same. It is submitted that the entire dispute at best is civil in
nature and the essential ingredients of the alleged offences are
missing. It is further submitted that the accused shall
participate in the trial forthwith without fail as and when
required.
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3. Smt. M.M. Waheeda, learned HCGP appearing for the
respondent-State opposing the petition submits that the trial
Court while rejecting his bail application had noted that the
petitioner had absconded and did not participate in the trial and
a separate split case was registered against him and NBW came
to be issued against him. If the petitioner/accused is released
on bail, there is a serious apprehension that he may abscond
again and may not participate in the trial.
4. Considering the submissions made by learned Senior
Counsel for the petitioner and learned HCGP and also on
perusal of the material on record, it is evident that the
petitioner was granted bail with conditions imposed therein.
Later, the petitioner has violated the bail conditions in not
appearing before the Court for trial. The petitioner was
secured before the Court by issuance of NBW and proclamation.
The bail earlier granted was cancelled by the Trial Court due to
not adhering to the conditions and also with an observation
that the petitioner, if granted bail, again would violate the bail
conditions and may not subject himself to the trial.
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5. Learned Senior counsel further submits that the non-
appearance before the Trial Court was due to mis-
communication of dates and the petitioner would appear on all
dates before the Trial Court unless exempted. There is no
doubt that the petitioner has violated bail conditions in not
appearing before the Trial Court during the course of trial.
Prima facie, there is violation of bail conditions. That itself may
not be sufficient to deny bail, if the presence of the petitioner
can be secured before the Trial Court with stringent conditions.
If bail is not considered, it would affect the personal liberty of
the petitioner. This Court finds no compelling reasons to deny
bail to the petitioner.
6. In view of the above, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner/accused shall be enlarged on bail in
Crime No.46/2013 registered by J.C.Nagar Police
Station, Bengaluru for the offences punishable
under Sections 406, 468, 420, 504 and 506 of IPC,
1860 pending on the file of VII Addl. Chief Judicial
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Magistrate, Bengaluru, subject to the following
conditions:
a) The petitioner/accused shall execute
a personal bond for a sum of
Rs.1,00,000/- with two local sureties for
the like sum, to the satisfaction of the
jurisdictional Court.
b) The petitioner/accused shall appear
regularly on all dates of hearing before the
Trial Court unless their appearance is
exempted by the Trial Court for valid
reasons;
c) The petitioner/accused shall not
directly or indirectly threaten or tamper
with the prosecution witnesses;
d) The petitioner/accused shall not
involve in any offences in future; and
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e) In addition the petitioner/accused
shall also deposit Rs.5,00,000/- (Rupees
five Lakh) only before the jurisdictional
Court. If the petitioner/accused fails to
appear before the Trial Court unless
exempted by the Court, the Trial Court
shall forfeit the amount so deposited to
the State-exchequer.
(f) The amount of Rs.5,00,000/- to be
deposited within two weeks.
SD/-
(K. V. ARAVIND)
JUDGE
KA*
List No.: 1 Sl No.: 114
