- 1 - HC-KAR NC: 2025:KHC-D:9666 CRL.P No. 102952 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102952 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ALEYAS PAUL S/O C.P. PAULOSE, AGE: 60 YEARS, OCC: DRIVER, R/O: CHENAYAPILLIL, PULINTHNAM P.O., PULINTHNAM, ENANALLOR, POTHANIKKAD, PULINTHNAM, ERNAKULAM, STATE: KERALA-686 671. … PETITIONER (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SIRSI RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. … 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 THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN C.C. NO.30/1994 ARISING OUT OF CRIME NO.68/1994 SIRSI RURAL POLICE STATION, AND LPC NO.2/1997 PENDING ON THE FILE OF THE COURT OF PRL. JMFC AT SIRSI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337 AND 304(A) OF IPC AND UNDER SECTION 184 OF M.V. ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9666 CRL.P No. 102952 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in C.C.No.30 of 1994, pending before the Court of Principal JMFC, Sirsi arising out of Crime No.68 of 1994, registered by Sirsi Rural Police Station for the offences punishable under Sections 279, 337 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.69 of 1994 registered by Sirsi Rural Police Station for the aforesaid offences and in the said case, petitioner who was arrested, was granted Station Bail on 15.03.1994. 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.30 of 1994. Since the petitioner had not appeared before the trial Court, case was transferred to the list of - 3 - HC-KAR NC: 2025:KHC-D:9666 CRL.P No. 102952 of 2025 long pending case and numbered as LPC No.2 of 1997. Coercive steps were taken against the petitioner in the said proceedings and he was secured on 18.06.2025 and produced before the trial Court in LPC No.2 of 1997. His bail application filed under Section 436 of Cr.P.C. in the said proceeding was rejected and thereafter he had filed a petition before the Jurisdictional Sessions Court in Criminal Misc.No.5152 of 2025, which was also dismissed on 10.09.2022. 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 Station 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 18.06.2025 and on the said day he was remanded to judicial custody. Petitioner, aged about 60 years, is in custody in the - 4 - HC-KAR NC: 2025:KHC-D:9666 CRL.P No. 102952 of 2025 present case ever since then. The maximum punishment for the alleged offences is imprisonment for a period of 2 years and 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.30 of 1994, pending before the Court of Principal JMFC, Sirsi arising out of Crime No.68 of 1994, Registered by Sirsi Rural Police Station for the offences punishable under Sections 279, 337 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/- with 2 sureties for the likesum (one shall be a local surety) to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:9666 CRL.P No. 102952 of 2025 2. 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; 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 KGK CT:BCK / LIST NO.: 1 SL NO.: 25