- 1 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103117 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: YUSUF KHAN ALI S/O ASHIK ALOKHAN BAHADDUR KHAN, AGE. 65 YEARS, OCC. COOLIE, R/O. GHOUSE NAGAR, HUSSAIN BUILDING, TARAPEL GULBARGA-585 101. … PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH NEW MARKET POLICE STATION, SIRSI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER / ACCUSED NO.1 ON REGULAR BAIL IN CC NO.195/2025 IN CONNECTION WITH CRIME NO.01/2010 REGISTERED BY NEW MARKET P.S. SIRSI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 R/W 34 OF I.P.C. PENDING TRIAL OF THE CASE BEFORE SENIOR CIVIL JUDGE AND PRL. JMFC COURT SIRSI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in C.C. No.195 of 2025 pending before the Court of Senior Civil Judge and Principal JMFC Court, Sirsi, arising out of Crime No.1 of 2010 registered by New Market Police Station, Sirsi, for the offence punishable under Section 420 read with Section 34 of the IPC, is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, the petitioner was granted regular bail in the present case by the Court of Magistrate. For the reason that the petitioner had not appeared before the Trial Court, after he was enlarged on bail, coercive steps were taken against the petitioner and he is now arrested and remanded to judicial custody on 04.05.2025. - 3 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 The petitioner is ready and willing to co-operate before the trial Court for speedy disposal of the case. In all the other criminal cases registered against the petitioner, he is on bail. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition submits that the petitioner is a person with criminal antecedents and with great difficulty, his presence was secured before the Trial Court. In the present case, in the event he is enlarged on bail, he is likely to flee away from justice. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that the petitioner was granted regular bail in the present case by the Court of the learned Magistrate on 10.06.2010. It appears that subsequently the petitioner had not appeared before the trial Court and the case in C.C. No.18/2010, which arose from Crime No.1 of 2010, was transferred to the list of long pending cases and in the said proceeding, coercive steps were taken against the petitioner - 4 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 and his presence was secured before the trial Court in the long pending case on 04.05.2025 and on the said day, he was remanded to the judicial custody and C.C. No.195 of 2025 is registered against him before the trial Court. It is not in dispute that the petitioner who is now aged about 65 years has been enlarged on bail in the earlier criminal cases registered against him. According to the learned counsel for the petitioner, the last criminal case registered against the petitioner was in the year 2018. 6. Be that as it may, the fact remains that, on the merits of the case, the petitioner has been granted regular bail in the present case. The alleged offence is triable by the Court of Magistrate and the maximum punishment for the said offence is imprisonment for a period of seven years. The petitioner is in custody in the present case for the last more than three months. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 ORDER (i) Criminal petition is allowed. (ii) Petitioner – accused No.1 is directed to be enlarged on bail in C.C. No.195 of 2025 pending before the Court of Senior Civil Judge and Principal JMFC Court, Sirsi, arising out of Crime No.1 of 2010 registered by New Market Police Station, Sirsi, for offence punishable under Section 420 read with Section 34 of IPC, subject to the following conditions: (a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) Petitioner is directed to appear before the Station House Officer, New Market Police Station, Sirsi, Uttara Kannada District, on every second Sunday of the month between 10:00 a.m. and 01:00 p.m. and mark his attendance till the case registered against him is disposed of; (c) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 6 - HC-KAR NC: 2025:KHC-D:10508 CRL.P No. 103117 of 2025 unless the Trial Court exempts his appearance for valid reasons; (d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (e) The petitioner shall not involve in similar offences in future; (f) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. (g) The petitioner is directed to appear before the Station House Officer of New Market Police Station, Sirsi, Uttara Kannada District on every second Sunday of the month between 10:00 a.m. and 1:00 p.m. and mark his attendance till the case registered against him is disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 24