- 1 - HC-KAR NC: 2025:KHC-D:11701 CRL.P No. 103340 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103340 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: BASAVARAJ S/O GALEPPA DANDIN, AGE. 27 YEARS, OCC. COOLIE, R/O. HIREMARALIHALLI, TQ. SAVANUR, DIST. HAVERI-581 118. … PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH SAVANUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SESSIONS CASE NO.73/2022 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 447, 323, 307, 376, 511, 34 OF IPC PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, AT: HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11701 CRL.P No. 103340 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.73 of 2022 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.133 of 2021 registered by Savanoor Police Station, Haveri, for offences punishable under Sections 447, 323, 307, 376, 511 read with Section 34 of IPC, is before this Court under Section 483 of BNSS, 2023 read with Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that petitioner was granted anticipatory bail in the present case by the Jurisdictional Sessions Court in Criminal Miscellaneous No.365 of 2021. It appears that subsequently petitioner also had filed a regular bail application under Section 439 of Cr.P.C. before the Trial Court in S.C. No.73 of 2022, which was allowed on 22.09.2022. Thereafter, the petitioner was appearing before the Trial Court on the - 3 - HC-KAR NC: 2025:KHC-D:11701 CRL.P No. 103340 of 2025 regular dates of hearing. Since the petitioner had not appeared before the Trial Court on 18.10.2024, application filed on his behalf by his advocate seeking exemption of his appearance was rejected and thereafter, non-bailable warrant was issued against the petitioner. Subsequently petitioner had voluntarily appeared before the Trial Court on 13.12.2024 and had filed application to recall the non- bailable warrant issued against him. On the said day, prayer made by the petitioner was rejected and he was remanded to judicial custody. Bail application filed by the petitioner thereafter before the Trial Court has been rejected by the Trial Court vide order dated 27.06.2025. It is under these circumstances, petitioner is before this Court. 4. It is not in dispute that in the present case initially petitioner was granted anticipatory bail and thereafter regular bail by the Trial Court on 22.09.2022. Therefore, it is apparent that on the merits of the case petitioner was granted initially anticipatory bail and subsequently regular bail in the present case. It is only for - 4 - HC-KAR NC: 2025:KHC-D:11701 CRL.P No. 103340 of 2025 the reason that petitioner had not appeared before the Trial Court on a hearing date, coercive steps were taken against him and on 13.12.2024 he was remanded to judicial custody. He is now in custody for the last nearly nine months. For the mistake committed by the petitioner, he has been now sufficiently punished. 5. Under the circumstances, I am of the opinion his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.73 of 2022 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.133 of 2021 registered by Savanoor Police Station, Haveri, for offences punishable under Sections 447, 323, 307, 376, 511 read with Section 34 of IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:11701 CRL.P No. 103340 of 2025 i. The petitioner – accused 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; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 25