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2025 DAILYLAW 49781 (KAR)

SHRI SIDDARUDHA S/O GOVIND HORATTI v. THE STATE OF KARNATAKA

CRL.P/101569/2025 · 2025-04-28

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6970 CRL.P No. 101569 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101569 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SHRI SIDDARUDHA S/O GOVIND HORATTI AGE. 37 YEARS, OCC. AGRICULTURE, R/O. WADARATTI, TAL. MUDALAGI, DIST. BELAGVI 591364. …PETITIONER (BY SRI ROHIT NAGESH LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE PSI SOUNDATTI PS., TQ/DIST. BELAGVI 591126, R/BY HCGP, HIGH COURT OF KARNATAKA, DHAWAD BENCH, DHAWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC 483 OF BNSS, 2023, SEEKING TO RELEASE THE PETITIONER ACCUSED NO.1 ON BAIL IN RELATION TO SOUNDATTI PS CR.NO. 141/2023 FOR THE ALLEGED OFFENCES P/U/SEC. 323, 324, 307, 504, 506 OF IPC, PENDING ON THE FILE OF THE VITH ADDL. DISTRICT AND SESSIONS JUDGE IN S.C.NO. 112/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6970 CRL.P No. 101569 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Rohit N Latur, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Bail request by the petitioner in respect of case which is now in S.C.No.112/2023. Accused was enlarged on bail earlier; but he jumped the bail. Therefore, accused has been taken to custody. 3. Sri.Rohit N. Latur, would contend that due to unavoidable circumstances, accused could not attend the Court nor counsel who represented the accused could make a request to the Court seeking exemption of appearance of the accused. He would further contend that petitioner is now ready to abide by any condition that would be imposed by this Court and sought for grant of bail. - 3 - NC: 2025:KHC-D:6970 CRL.P No. 101569 of 2025 4. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent-State would oppose the bail grounds. 5. Having heard the arguments of both sides, this Court perused the material on record meticulously. 6. On such perusal of the material on record, petitioner has been charge sheeted for the offences punishable under Sections 323, 324, 307, 504 and 506 of the Indian Penal Code (for short, ‘the IPC’). 7. Admittedly, he has been enlarged on bail by the trial Court, but he failed to adhere to the conditions and by his non appearance before the Court establishes the apprehension expressed by the prosecution that he would not be available for trial. 8. Taking note of these aspects of the matter, petitioner is entitled to be enlarged on bail, if he pays the bond amount of the previous bail which is in a sum of Rs.50,000/- which has been fortified automatically, apart from imposing other conditions. - 4 - NC: 2025:KHC-D:6970 CRL.P No. 101569 of 2025 9. Accordingly, following order is passed. ORDER i. The criminal petition is allowed. ii. The Petitioner shall be enlarged on bail on payment of entire bond amount of Rs.50,000/-. iii. Petitioner shall execute a fresh bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. iv. The petitioner shall not directly or indirectly tamper the prosecution evidence in any manner. v. Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. vi. Petitioner shall attend the court regularly. vii. The petitioner shall not indulge in similar offences. - 5 - NC: 2025:KHC-D:6970 CRL.P No. 101569 of 2025 It is made clear that unless the entire bond amount is paid, the learned trial Judge shall not issue release order. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC CT:GSM List No.: 1 Sl No.: 26