- 1 - HC-KAR NC: 2025:KHC-D:12392 CRL.P No. 103136 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103136 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. RAVI S/O GURU @ HIRAGIRI GOSAVI, AGE. 25 YEARS, OCC. COOLIE, R/O. SOMAVARPETH, GOKAK, TQ. GOKAK, DIST. BELAGAVI, PIN-591 307. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR, GOKAK TOWN POLICE STATION, DIST. BELAGAVI, PIN-591 307, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-580 011. 2. SHRI MARUTI S/O KEDAREPPA PAWAR, AGE. 49 YEARS, OCC. CARPENTER, R/O. SOMAVARPETH, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591 307. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYS THAT THE PETITION BE ALLOWED AND THE PETITIONER/ACCUSED NO.2 MAY BE ENLARGED ON REGULAR BAIL IN (GOKAK TOWN P.S. CRIME NO.176/2017) S.C. NO.93/2018 UNDER SECTION R/W SECTIONS 34, 366, 376(D)(N) OF IPC, PENDING TRIAL ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I BELAGAVI, TO MEET THE ENDS 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:12392 CRL.P No. 103136 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.2 in S.C. No.93 of 2018 pending before the Court of Additional District and Sessions Judge, FTSC-I, Belagavi, arising out of Crime No.176 of 2017, registered by Gokak Town Police Station, Gokak Circle, Belgavi District for the offence punishable under Section 366, 376(D)(N) read with Section 34 of the IPC, is before this Court under Section 483 of the 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 in the year 2018 itself. For the reason that he had not appeared before the trial Court on the regular dates of hearing, his presence was secured on 27.11.2024 and on the said day, he has been remanded - 3 - HC-KAR NC: 2025:KHC-D:12392 CRL.P No. 103136 of 2025 to the judicial custody. There is no progress in the case before the trial Court. Accordingly, he prays to allow the petition. 4. Per contra, learned, HCGP has opposed the petition. She submits that the petitioner has jumped bail for the second time and 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 FIR in the present case was registered in year 2017 and the petitioner who is arraigned as accused No.2 in the present case was initially arrested on 16.10.2017. Subsequently, he was enlarged on regular bail by the trial Court, by order dated 22.05.2018. It appears that before the trial Court, the petitioner had not appeared on the regular dates of hearing and therefore non-bailable warrant was issued against him and after securing his presence, he was remanded to judicial custody. Subsequently, the - 4 - HC-KAR NC: 2025:KHC-D:12392 CRL.P No. 103136 of 2025 petitioner had filed a bail application before the trial Court, which was allowed on 01.04.2022. Thereafter, the petitioner was appearing before the trial Court on the dates of hearing. 6. Though the case was committed to the jurisdictional Sessions Court in the year 2018 itself, the order sheet of the trial Court would go to show that there is no much progress in the trial and as on 20.09.2024, the matter was still a the stage of cross-examination of PW1. On 20.09.2024, accused Nos.1 and 2 were present and the matter was adjourned to 07.10.2024. For the reason that on 07.10.2024 petitioner was absent, non-bailable warrant was issued against him and his presence was secured on 27.11.2024 before the Court and on the said day, he was remanded to judicial custody. His bail application before the trial Court was thereafter rejected. 7. Be that as it may, the fact remains that on the merits of the case, the petitioner has been granted regular - 5 - HC-KAR NC: 2025:KHC-D:12392 CRL.P No. 103136 of 2025 bail in the present case by the trial Court itself. Only for the reason that the petitioner had not appeared on the regular dates of hearing, he was arrested and remanded to judicial custody on 27.11.2024. For the mistake committed by the petitioner, he has been substantially punished and he is in custody for the last more than nine months. The apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner - accused No.2 is directed to be enlarged on bail in S.C. No.93 of 2018 pending before the Court of Additional District and Sessions Judge, FTSC-I, Belagavi, arising out of Crime No.176 of 2017, registered by Gokak Town Police Station, Gokak Circle, Belgavi District for the offence - 6 - HC-KAR NC: 2025:KHC-D:12392 CRL.P No. 103136 of 2025 punishable under Section 366, 376(D)(N) read with Section 34 of the IPC, subject to the following conditions: (i) The petitioner – accused No.2 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 VNP / CT: BCK LIST NO.: 1 SL NO.: 19