- 1 - NC: 2025:KHC-D:6197 CRL.P No. 101269 of 2025 C/W CRL.P No. 101262 of 2025 CRL.P No. 101309 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101269 OF 2025 (439(Cr.PC)/483(BNSS)) C/W CRIMINAL PETITION NO.101262 OF 2025 CRIMINAL PETITION NO.101309 OF 2025 IN CRL.P.NO.101269/2025: BETWEEN: SMT. G. BHAGYAMMA @ GIDDAPARA BHAGYAMMA, W/O. G. NAGARAJA, AGE: 42 YEARS, OCC. ASHA WORKER, BOMMAGATTA VILLAGE, TAL. SANDUR, DIST. BELLARY. …PETITIONER (BY SRI. SHIVRAJ S BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CHORANURU POLICE STATION, TQ. AND DIST. BALLARI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD- 580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ALLOW THE PETITION AND GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.3 IN MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.09 15:58:07 +0530 - 2 - NC: 2025:KHC-D:6197 CRL.P No. 101269 of 2025 C/W CRL.P No. 101262 of 2025 CRL.P No. 101309 of 2025 CRIME NO.4/2025 OF CHORANURU POLICE STATION FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 108, 351(2), 351(3), 352 OF BNS, 2023, ON THE FILE OF THE CIVIL JUDGE AND JMFC, SANDUR. IN CRL.P.NO.101262/2025: BETWEEN: 1. SHRI SHIVAKUMAR M @ BARIKARA SHIVU S/O. LAKSHMIPATHI M. AGE: 28 YEARS, OCC. STUDENT, R/O. WARD NO.2, VIDHYANAGAR, BOMMAGATTA VILLAGE-583128, TQ. SANDUR, DIST. BALLARI. 2. SHRI HULIRAJ @ BANK HULIRAJA, S/O. SANNA RAMAPPA, AGE: 39 YEARS, OCC. EMPLOYEE IN KGB BANK, R/O. WARD NO.2, VIDHYA NAGAR, BOMMAGATTA VILLAGE-583128, TQ. SANDUR, DIST. BALLARI. 3. SHRI G. KIRAN KUMAR @ CHARMAN KIRAN, S/O. G. RAMESH, AGE. 35 YEARS, OCC. AGRICULTURIST, R/O. WARD NO.2, VIDHYANAGAR, BOMMAGATTA VILLAGE-583128, TQ. SANDUR, DIST. BALLARI. …PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH CHORANURU P.S.) BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) - 3 - NC: 2025:KHC-D:6197 CRL.P No. 101269 of 2025 C/W CRL.P No. 101262 of 2025 CRL.P No. 101309 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS NO.1 TO 3/ACCUSED NO. 2 AND 4-5 BY SETTING ASIDE THE ORDER DATED 18.02.2025 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BALLARI IN CRL.M.P.NO. 107/2025 AS PER ANNEXURE-C, IN SO FAR AS REJECTING TO GRANT REGULAR BAIL IN FAVOUR OF THE PETITIONERS NO. 1 TO 3/ACCUSED NO.2 AND 4-5 IN CRIME NO. 04/2025 OF CHORANUR POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 108, 351(2), 351(3), 352 OF BNS 2023 AS PER ANNEXURE-B. IN CRL.P.NO.101309/2025: BETWEEN: MAHADEVAKKA G.H. @ MAHADEVI @ AKKA MAHADEVI W/O. SHIVANANDAYYA @ SHIVANANDAYYA, AGED ABOUT 39 YEARS, WORKING AS A HEAD MASTER, KGBV GIRLS AND RMS HIGHER PRIMARY SCHOOL AND HOSTEL, BOMMAGATTA VILLAGE, SANDUR TALUK AND DISTRICT-583119. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA THROUGH CHORANURU POLICE STATION, SONDUR TALUK, REPTD. BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.4/2025 OF CHORANUR POLICE STATION FOR THE OFFENCES PUNISHABLE - 4 - NC: 2025:KHC-D:6197 CRL.P No. 101269 of 2025 C/W CRL.P No. 101262 of 2025 CRL.P No. 101309 of 2025 UNDER SECTIONS 108, 351(2), 351(3), 352 OF BNS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, SANDUR. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) The learned counsel for the petitioners files a memos which read as under: Crl.P.No.101269/2025 “The Counsel for Petitioner most humbly submits as here under: That the Trial Court has granted to default Bail to the Accused since the Chargesheet was not filed within specified period. Hence, this petition stands infructuous since the bail has been granted.” Crl.P.101262/2025 “The petitioner most humbly prays that this Hon’ble Court be pleased to permit the petitioner to withdraw the above petition as they have been enlarged on default bail, hence the above petition may be dismissed as withdrawn. Hence this memo.” - 5 - NC: 2025:KHC-D:6197 CRL.P No. 101269 of 2025 C/W CRL.P No. 101262 of 2025 CRL.P No. 101309 of 2025 Crl.P.No.101309/2025 “Petitioner respectfully submits as under, It is submitted has filed the above Criminal Petition against the order dated 18-02-2025 passed by the learned I Addl. District And Sessions Judge, Ballari, in Crim. Misc. No. 100/2025 seeking regular bail in Crime No. 4/2025 of Choranur Police Station. Now the Petitioner is enlarged on bail before the District Court after filing of Charge Sheet. Therefore now the Petitioner do not wants to prosecute the present petition. Therefore it is respectfully prayed that this Hon'ble Court may kindly be pleased to permit the Petitioner to withdraw the above case in the interest of justice and equity.” Placing the memos on record, petitions stand dismissed as withdrawn. Sd/- (V.SRISHANANDA) JUDGE VMB, List No.: 1 Sl No.: 8