- 1 - NC: 2025:KHC-D:6625 CRL.P No. 101275 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101275 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NINGAPPA MAYAPPA HARKE AGED ABOUT 30 YEARS, OCC. AGRICULTURE, R/O. JODKURALI, CHIKODI TALUK- 591201, BELAGAVI DISTRICT. …PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ANKLI POLICE STATION, R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH- 580001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.8 IN CONNECTION WITH ANKLI POLICE STATION IN CRIME NO. 80/2014 PENDING IN SC NO. 100/2018 ON THE FILE OF VII ADDL. DISTRICT AND SESSION JUDGE, BELAGAVI, SITTTING AT CHIKKODI, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 307, 323, 324, 504, 506 READ WITH 149 OF IPC., BY ALLOWING THIS PETITION. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.22 11:49:26 +0530 - 2 - NC: 2025:KHC-D:6625 CRL.P No. 101275 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.B.S.Sangati, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petitioner has approached this Court under Section 483 Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To grant bail to the Petitioner/Accused No.8 in connection with Ankli Police Station in Crime No. 80/2014 pending in SC No. 100/2018 on the file of Vii Additional District and Session Judge, Belagavi, sittting at Chikkodi, for the offence punishable under Sections 143, 147, 148, 307, 323, 324, 504, 506 read with 149 of IPC., by allowing this petition.” 3. Admittedly, the petitioner jumped the bail order granted and therefore, his bail bond stood forfeited - 3 - NC: 2025:KHC-D:6625 CRL.P No. 101275 of 2025 automatically by operation of law. Thereafter, the petitioner is in judicial custody. 4. Learned counsel for petitioner Sri.B.S.Sangati, contends that having regard to the financial condition of the petitioner, he is unable to muster the bond amount so as to seek for fresh bail. However, he submits that this Court has passed a conditional order directing that the petitioner to be released upon payment of the earlier bond amount, which is a sum of Rs.20,000/-. 5. Learned High Court Government Pleader, however, opposes for grant of bail by contending that petitioner has already jumped bail once and if he is granted bail again, he may not be available for the trial. 6. Taking note of the fact that the petitioner was earlier granted bail and he has jumped the bail, he is presently in custody. As such, ends of justice would be met by directing the petitioner to be enlarged on bail upon payment of entire bond amount of Rs.20,000/-, when bail - 4 - NC: 2025:KHC-D:6625 CRL.P No. 101275 of 2025 was earlier granted and by further directing the petitioner to execute a fresh bond. 7. Hence, the following order: ORDER (i) The bail petition allowed. (ii) Petitioner is directed to be enlarged on fresh bail on the flowing conditions: a. The petitioner shall deposit the entire bond amount of Rs.20,000/-. b. The petitioner shall be released on bail upon executing a fresh bond in a sum of Rs.50,000/- with two sureties for the same amount to the satisfaction of the trial Court. c. The petitioner shall attend the Court regularly. d. The petitioner shall not tamper with any prosecution witnesses in any manner. - 5 - NC: 2025:KHC-D:6625 CRL.P No. 101275 of 2025 e. The petitioner shall not leave the jurisdiction of Belagavi district without prior permission. It is made clear that the learned trial Judge shall issue release order only after the petitioner deposits the entire bond amount of Rs.20,000/-. SD/- (V.SRISHANANDA) JUDGE RHR/- CT:PA LIST NO.: 1 SL NO.: 7