- 1 - NC: 2025:KHC-D:6968 CRL.P No. 101493 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. 101493 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: GOVIND TOLEPPA KUNCHIKORAWAR AGE: 27 YEARS, OCC: COOLIE, R/O LAXMESHWAR, GADAG-582101. …PETITIONER (BY SRI. R.M.JAVED, ADVOCATE) AND: STATE OF KARNATAKA THROUGH LAXMESHWAR P S REP BY STAE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD-580001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE HIM ON BAIL IN CONNECTION WITH LAXMESHWAR P.S CRIME NO.78/2010 (NOW SC NO.102/2023) FOR THE ALLEGED OFFENCES P/U/S 399, 402, 279 OF IPC, PENDING ON THE FILE OF PRL. DIST AND SESSIONS JUDGE, GADAG IN SC NO.102/2023, ON SUCH TERM AND CONDITIONS THAT THIS HONBLE COURT MAY PLEASED TO IMPOSE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6968 CRL.P No. 101493 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.R.M.Javed, 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.86/2019. Accused was enlarged on bail, earlier; but he jumped the bail. Therefore, he has been taken to custody. 3. Sri.R.M.Javed, would contend that due to unavoidable circumstances, he could not attend the Court nor counsel who representing the accused would make a request to the Court so as to avoid the request of the petitioner and petitioner is now ready to abide by any condition that would be imposed by this Court and sought for grant of bail. 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. - 3 - NC: 2025:KHC-D:6968 CRL.P No. 101493 of 2025 6. On such perusal of the material on record, petitioner has been charge sheeted for the offences punishable under Sections 399, 402 and 279 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 appeared before the Court and proving 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/- apart from imposing other conditions. 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/-. - 4 - NC: 2025:KHC-D:6968 CRL.P No. 101493 of 2025 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 Gadag District without prior permission. vi. Petitioner shall attend the court regularly. vii. The petitioner shall not indulge in similar offences. It is made clear that unless the entire bond amount is paid, the learned trial Judge shall not issue any release order. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC CT:GSM List No.: 1 Sl No.: 18