- 1 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200529 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAMANAGOUDA S/O HANAMANTARAYA SINDAGI, AGED ABOUT 25 YEARS, OCC: COOLIE, R/O KHANAPUR VILLAGE, TQ. SINDAGI, DIST. VIJAYAPURA-586 103. …PETITIONER (BY SRI. PEERAPPA SULTANPUR, ADVOCATE) AND: THE STATE, THROUGH KALAKERI POLICE STATION SINDAGI, DIST. VIJAYAPURA, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH KALABURAGI-585 107. …RESPONDENT (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE ACCUSED /PETITIONER ON BAIL IN C.C.NO.388/2019, ARISING OUT CRIME NO.130/17 OF KALAKERI P.S. VIJAYAPURA U/SEC 454 AND 380 OF IPC, WHICH IS PENDING ON THE FILE OF ADDL. JMFC SINDAGI, ON SUCH TERMS THE HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The accused No.2 in C.C.No.388/2019 pending before the Court of Additional JMFC Sindagi arising out of Crime No.130/2017 registered by the Kalakeri Police Station, Dist: Vijayapura, for the offences punishable under Sections 454 and 380 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail. - 3 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 02. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondent – State. 03. The learned counsel for the petitioner submits that on the merits of the case the petitioner was enlarged on bail in the present case. For the reason that he had not appeared before the Trial Court on the regular dates of hearing, coercive steps were taken against the petitioner and his presence was secured before the Trial Court on 22.12.2023 and on the said date he was remanded to judicial custody. The petitioner has no other criminal antecedents. Accordingly, prays to allow the petition. 04. Per contra, the learned High Court Government Pleader, does not dispute the submissions made by the learned counsel for the petitioner. He submits that the stringent conditions may be imposed on the petitioner while granting him bail. - 4 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 05. Perusal of the material on record would go to show that the petitioner who was arrested in the present case was subsequently granted regular bail by the jurisdictional Magistrate on 14.09.2017. It appears that the petitioner had not appeared before the Trial Court on the regular dates of hearing and therefore, non-bailable warrant was issued against him in C.C.No.388/2019 and his presence was secured before the Trial Court on 02.12.2023 and on the said date he was remanded to the judicial custody. 06. Be that as it may, the fact remains that on the merits of the case the petitioner has been granted regular bail in the present case by the jurisdictional Magistrate on 14.09.2017. It appears that thereafter the petitioner had appeared before the Court for some time. Since, he had not appeared subsequently on the regular dates of hearing, coercive steps were taken against him and his presence was secured and he was remanded to the judicial custody on 22.12.2023. For the mistake committed by the petitioner, for not appearing before the Trial Court on regular dates of hearing he has been sufficiently punished. - 5 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 07. Considering the aforesaid aspect of the matter and the nature of allegations found against the petitioner, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.130/2017 of Kalakeri Police Station Dist: Vijayapura, registered for the offences punishable under Sections 454 and 380 of IPC, pending before the Addl. JMFC, Sindagi in C.C.No.388/2019, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC-K:2632 CRL.P No. 200529 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KJJ List No.: 1 Sl No.: 19 CT: AK