- 1 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CRIMINAL APPEAL NO. 100303 OF 2025 (U/S 14 A(2) of SC and ST ACT) BETWEEN: SADDAM @ LADSAB S/O. FAKRUSAB BETAGERI AGE: 26 YEARS, OCC: HITACHI OPERATOR, R/O. NAGANUR, TQ: NAVALGUND, DIST: DHARWAD-582208. - APPELLANT (BY SRI. S.S.BETURMATH, ADVOCATE FOR SRI. K.L.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH RAMDURGA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SUNIL S/O. IRAPPA HALAMANI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O. KITTUR, TQ: RAMADURG, DIST: BELAGAVI-591127. - RESPONDENTS (BY SRI. ASHOK KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF KARNATAKA SC/ST (POA) ACT PRAYING TO ENLARGE PETITIONER/ACCUSED ON REGULAR BAIL IN RAMDURG P.S. CRIME NO. 45/2021 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302 AND 201 OF IPC AND CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 363, 376(2)(i)(n) OF IPC R/W. SECTIONS 4 AND 6 OF POCSO ACT AND 3(2)(v) OF SC/ST (POA) ACT IN SPECIAL CASE NO.150/2021 PENDING ON THE FILE OF 3RD ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI & ETC. THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.29 10:07:05 +0530 - 2 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 ORAL JUDGMENT This Criminal Appeal is filed seeking to set aside the order dated 05.05.2025 passed in Crl. Misc. No. 522/2025 by the learned Addl. District and Sessions Judge, FTSC-1, Belagavi and to release the appellant/accused on regular bail in Ramdurg P.S. Crime No. 45/2021 registered and chargesheeted for the offences punishable u/S 302, 201, 363, 376(2)(i)(n) of IPC r/w Sec. 4 and 6 of POCSO Act and 3(2)(v) of SC/ST (POA) Act in Special Case No. 150/2021 pending on the file of 3rd Addl. District and Sessions Judge, Belagavi. 2. I have heard learned counsel for the appellant/ accused and the learned AGA. 3. Learned counsel for the appellant/accused submits that against the appellant/accused a chargesheet is filed by Ramdurg Police in Crime No. 45/2021 for the alleged offences and he was released on bail by this Court in Crl.A.No. 100275/2021 vide order dated 15.12.2021. However the trial Court has issued non bailable warrant - 3 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 and secured his presence in view of the fact that he was absent during the proceedings before the trial Court. It is submitted that the accused has moved an application for recalling the non bailable warrant and grant of bail, the same was rejected. Hence he has filed separate application u/S 439 of Cr.P.C. for releasing him on bail. It is submitted that the appellant-accused is ready for abiding any conditions to be imposed while granting bail. 4. It is also submitted that insofar as consideration of bail, this Court has already applied its mind and passed a detailed order on 15.12.2021 in Crl. A. No. 100275/2021 by imposing certain conditions. Now the Sessions Court merely on the ground that the accused was absent on some occasions, has proceeded to reject the application for grant of bail and sent the accused into judicial custody. It is submitted that absence of the accused before the trial Court was at the initial stage of the trial and his absence was for compelling reasons explained in the application. - 4 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 Hence he seeks to allow the appeal and to set aside the impugned order. 5. Per contra, learned AGA for the respondent-State submits that this Court in Crl. A. No. 100275/2021 enlarged the appellant-accused on bail, however he violated the conditions of bail, the accused remained absent before the trial Court which is nothing but protracting the proceedings. Considering this aspect, the trial Court has rightly rejected the application. Hence he seeks to dismiss the petition. 6. I have heard arguments of learned counsel for the parties and perused the materials on record. 7. It is not in dispute that this Court in Crl. A. No. 100275/2021 vide order dated 15.12.2021 released the appellant/accused on bail with the following conditions. (1) The appellant/ accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the like sum to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 (2) The appellant/ accused shall not indulge in tampering the prosecution witnesses; (3) The appellant/ accused shall attend the Court on all the dates of hearing unless exempted and Co-operate in speedy disposal of the case. 8. The order sheet of the trial Court indicates that the accused has appeared on some occasions and thereafter he remained absent and due to his absence the proceedings were protracted. The trial Court taking note of his absence on various occasions has come to the conclusion that the appellant has misused the bail granted to him and protracted the proceedings. In my opinion the approach of the trial Court is erroneous as already this Court has applied its mind and vide order dated 15.12.2021 enlarged the accused on bail. Absence of the accused though may not be for justifiable reasons, cannot be the ground to keep the accused in custody that too when this Court by applying its mind has released the accused on bail. Keeping in mind the order dated 15.12.2021 passed in Crl. A. No. 100275/2021 the impugned order is required to be set aside. I have also - 6 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 noticed that absence of accused is at pre-trial stage, as trial Court has posted matter for framing of charges. I am of the considered opinion that appeal deserves to be allowed with conditions. 9. Learned counsel for the appellant also undertakes that the accused would be present before the trial Court on all dates and he shall co-operate for early disposal of the case. The said submission is based on the instructions of the accused, which is placed on record. 10. For the aforementioned reasons, I proceed to pass the following order. ORDER Criminal Appeal is allowed. Order dated 05.05.2025 passed in Crl. Misc. No. 522/2025 by the learned Addl. District and Sessions Judge, FTSC-1, Belagavi, is set aside. Consequently, the appellant/accused is enlarged on regular bail in Ramdurg P.S. Crime No. 45/2021 registered and chargesheeted for the offences punishable u/S 302, 201, 363, 376(2)(i)(n) of IPC r/w Sec. 4 and 6 of POCSO - 7 - NC: 2025:KHC-D:7232 CRL.A No. 100303 of 2025 Act and 3(2)(v) of SC/ST (POA) Act in Special Case No. 150/2021 pending on the file of 3rd Addl. District and Sessions Judge, Belagavi, subject to the following conditions. (1) The appellant/ accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum to the satisfaction of the jurisdictional Court; (2) The appellant/ accused shall not indulge in tampering the prosecution witnesses; (3) The appellant/ accused shall attend the Court on all the dates of hearing unless exempted and Co-operate in speedy disposal of the case; (4) The appellant/accused shall appear before the trial Court on all the given dates without fail unless exempted by the Court. The trial Court shall consider the exemption application only in genuine reasons and not routinely; (5) The trial Court is requested to conclude the trial as early as possible. Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV Ct:vh List No.: 1 Sl No.: 5