- 1 - NC: 2025:KHC-D:2427 CRL.P No. 102809 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.102809 OF 2024 [439(CR.PC)] BETWEEN: SAYYEDALI S/O. ABDULRASOOL HULAMANI, AGE: 22 YEARS, OCC. GARAGE WORK, R/O. ALTAF NAGAR, OLD HUBBALLI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024. … PETITIONER (BY SMT. KAVITA JADHAV, ADVOCATE FOR SRI ARUN L. NEELOPANT, ADVOCATE) AND: THE STATE OF KARNATAKA REP BY THE P.S.I., KASBAPETH POLICE STATION, HUBBALLI, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CONNECTION WITH SESSIONS CASE NO.5026/2021 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI, FOR THE OFFENCES U/S. 323, 324, 307, 504, 34 OF IPC, PENDING TRIAL OF THE SAID CASE, WHO IS IN JUDICIAL CUSTODY IN THE ABOVE SAID CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: BHARATHI H M Digitally signed by BHARATHI H M Date: 2025.02.10 14:39:52 +0530 - 2 - NC: 2025:KHC-D:2427 CRL.P No. 102809 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 439 of Criminal Procedure Code (‘CrPC’ for short) for grant of regular bail in connection with S.C.no.5026/2021 on file of I Addl. District and Sessions Judge, Dharwad sitting at Hubballi (‘Appellate Court’, for short), for offences punishable under Sections 323, 324, 307, 504 r/w Section 34 of Indian Penal Code (‘IPC’ for short) by accused no.2 (petitioner). 2. Smt.Kavita Jadhar, advocate appearing for Sri Arun L. Neelopant, learned counsel for petitioner submitted on registration of complaint dated 08.09.2022 in Crime no.106/2022, petitioner was arrested on 25.11.2022. Petitioner had thereafter filed bail petition in S.C.no.5004/2023 before Appellate Court. Same was allowed on 30.06.2023 enlarging petitioner on bail. Thereafter matter was committed to above Court. Thereafter when petitioner failed to attend trial, charge sheet was split up and non-bailable warrant was issued against him. In pursuance of same, petitioner was arrested on 06.04.2024 and had been in custody since. Though he had filed - 3 - NC: 2025:KHC-D:2427 CRL.P No. 102809 of 2024 bail application, same was rejected, apparently only on ground that case was split up against petitioner, he had absconded and in case of release on bail, he was likely to flee again. It was submitted, petitioner was permanent resident of Hubballi and was only bread earner of family with old aged parents. Therefore prayed for grant of bail on any conditions which he undertook to fulfill. 3. On other hand, Sri Jairam Siddi, learned HCGP appearing for respondent – State opposed petition. It was submitted, though petitioner was enlarged on bail on earlier occasion, he had absconded and failed to attend trial. Therefore, charge sheet was split up against petitioner and his presence was secured by execution of non-bailable warrant. This would indicate petitioner sought to flee justice. Therefore, rejection of petition by Appellate Court was justified. Further, petitioner was having criminal antecedents and his name was entered in rowdy sheet by Kasabapeth Police Station, apart from same, he was involved in two other offences in Crime nos.65/2018 and 92/2021 of Kasabapeth Police Station. On said ground also petitioner was not entitled for bail. - 4 - NC: 2025:KHC-D:2427 CRL.P No. 102809 of 2024 4. In reply, learned counsel for petitioner stated that crime numbers referred to were part of same series of incident which involved complaint and counter complaint. 5. Heard learned counsel. 6. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” 7. Indisputably, petitioner was enlarged on bail by order dated 30.06.2023 in S.C.no.5004/2023 by Appellate Court. Matter was committed to said Court. However on account of petitioner failing to attend trial on certain dates, charge sheet was split up against him and non-bailable warrant came to be issued and executed. Though there would be some justification in submission of learned HCGP that petitioner had absconded and therefore there would be apprehension of his absconding again, same could be addressed by imposing appropriate conditions since charge sheet is already filed and matter is at stage of trial. 8. For aforesaid reasons, point for consideration is answered in affirmative. Consequently, following: - 5 - NC: 2025:KHC-D:2427 CRL.P No. 102809 of 2024 ORDER Petition is allowed. Petitioner/accused no.2 is ordered to be released on bail in S.C.no.5026/2021 on file of I Addl. District and Sessions Judge, Dharwad sitting at Hubbali for offences punishable under Sections 323, 324, 307, 504 r/w Section 34 of IPC, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly. c) He shall not indulge in any criminal activities. d) He shall appear on all dates of hearing unless exempted by specific order. e) He shall intimate change of address to Investigating Officer forthwith. f) Violation of any of conditions would entitle cancellation of bail. SD/- (RAVI V.HOSMANI) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 3