- 1 - HC-KAR NC: 2025:KHC-D:9800 CRL.P No. 103053 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103053 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MARCEL LOUVIS CASTELINO, AGE. 62 YEARS, OCC. DRIVER, R/O. DADDU, KALLANDAKURU, TQ: MOODABIDRI, DIST. DAKSHINA KANNADA-574 227. … PETITIONER (BY SRI. ARUNACHAL P. HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS P.S.I. SIRSI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN LPC NO.1/1997 (C.C.NO.17/1992] CRIME NO.4/1992 OF SIRSI TOWN PS) PENDING ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND PRL. J.M.F.C., SIRSI FOR OFFENCES PUNISHABLE U/S. 279 AND 304-A OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9800 CRL.P No. 103053 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused in C.C.No.17/1992, pending before the Court of Senior Civil Judge & JMFC, Sirsi arising out of Crime No.4/1992, registered by Sirsi Town Police Station for the offences punishable under Sections 279 and 304-A of IPC is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the parties. 3. The material on record would go to show that the petitioner was arrayed as accused in Crime No.4/1992 registered by Sirsi Town Police Station for the aforesaid offences and in the said case, petitioner who was arrested, was granted Bail on 08.01.1992. Subsequently, after completing investigation, charge sheet was filed against the petitioner and the case was numbered before the Judicial Court of Magistrate as C.C.No.17/1992. Since the petitioner had not appeared before the trial Court, case was transferred to the list of long pending case and - 3 - HC-KAR NC: 2025:KHC-D:9800 CRL.P No. 103053 of 2025 numbered as LPC No.1/1997. Coercive steps were taken against the petitioner in the said proceedings and he was secured on 23.06.2025 and produced before the trial Court in LPC No.1/1997. His bail application filed under Section 483 of BNSS, 2023 before the Jurisdictional Sessions Court in Criminal Misc.No.5162 of 2025, was dismissed on 18.07.2025. Therefore, he is before this court. 4. Perusal of the material on record would go to show that charge sheet is filed in the present case for bailable offences and the petitioner who was arrested in the present case was granted Bail since the FIR was registered against him for bailable offences. It appears that petitioner had not appeared before the trial Court and therefore coercive steps were taken and his presence was secured before the Court on 23.06.2025 and on the said day he was remanded to judicial custody. Petitioner, aged about 62 years, is in custody in the present case ever since then. The maximum punishment for the alleged offences is imprisonment for a period of two years and - 4 - HC-KAR NC: 2025:KHC-D:9800 CRL.P No. 103053 of 2025 alleged offences are bailable in nature. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative, subject to appropriate conditions, which can take care of securing the presence of the petitioner before the trial Court. Accordingly, the following: ORDER a. Criminal petition is allowed. b. The petitioner is directed to be enlarged on bail in C.C.No.17/1992, pending before the Court of Senior Civil Judge & JMFC, Sirsi arising out of Crime No.4/1992, Registered by Sirsi Town Police Station for the offences punishable under Sections 279 and 304-A of IPC, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 5 - HC-KAR NC: 2025:KHC-D:9800 CRL.P No. 103053 of 2025 unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; 5. The petitioner shall furnish his address proof and mobile number before the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK