- 1 - HC-KAR NC: 2025:KHC-D:10510 CRL.P No. 103122 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. 103122 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SMT. MEENAKSHI W/O PARAMESHI BHOVIVADDAR, AGE. 38 YEARS, OCC. COOLIE, R/O HANUMANTNAGAR, NEAR ANJANEYA TEMPLE, HOSAMANE, TQ. BHADRAVATI, SHIVAMOGGA-577 301. … PETITIONER (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KUMTA POLICE STATION, UTTARA KANNADA, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT 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 GRANT BAIL TO THE PETITIONER/ACCUSED NO.2 IN SESSIONS CASE NO.29/2023 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR (CRIME NO.47/2012 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 399 AND 402 OF IPC BY THE RESPONDENT KUMTA POLICE STATION), IN THE INTEREST OF JUSTICE. 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:10510 CRL.P No. 103122 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.6 in S.C. No.29 of 2023 pending before the Court of II-Additional District and Sessions Judge, Uttara Kannada, Karwar, arising out of Crime No.47 of 2012 registered by Kumta Police Station for the offences punishable under Sections 399 and 402 of the IPC, is before this Court under Section 483 of the BNSS, 2023. 2. Learned counsel for the petitioner submits that the petitioner is a lady, aged about 36 years having no criminal antecedents. On the merits of the case, the petitioner was earlier granted regular bail in the present case. She has appeared before the trial Court for a considerable period of time and thereafter since she had absented herself, coercive steps were taken against her and her presence was secured before the trial Court. The petitioner is ready and willing to cooperate before the trial Court for speedy disposal of the case. - 3 - HC-KAR NC: 2025:KHC-D:10510 CRL.P No. 103122 of 2025 3. Learned HCGP, who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 4. The material made available to this Court by the learned counsel for the petitioner would go to show that the petitioner who was arrayed as accused No.6 in the present case was arrested on 22.03.2012 and was granted regular bail on 30.06.2012 by the Jurisdictional Sessions Court after the case was committed to the said Court and numbered as S.C. No.46 of 2012. It appears that the petitioner had not appeared before the trial Court in S.C. No.46 of 2012 from the year 2021 onwards and therefore, coercive steps were taken against her and a split up case in S.C. No.29 of 2023 was registered against her. In the said case, her presence was secured before the trial Court on 05.06.2025 and on the said day, she was remanded to the judicial custody. 5. Be that as it may, the fact remains that on the merits of the case, the petitioner has been granted regular - 4 - HC-KAR NC: 2025:KHC-D:10510 CRL.P No. 103122 of 2025 bail in the present case and only for the reason that she had not appeared before the trial Court on the regular dates of hearing, she has been arrested and remanded to the judicial custody. For the mistake committed by the petitioner, she has been substantially punished. Undisputedly she has not criminal antecedents. 6. Under the circumstances, I am of the opinion that, the prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner herein – accused No.6 is directed to be enlarged on bail in S.C. No.29 of 2023 pending before the Court of II-Additional District and Sessions Judge, Uttara Kannada, Karwar, arising out of Crime No.47 of 2012 registered by Kumta Police Station for the offences punishable under Sections 399 and 402 of the IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:10510 CRL.P No. 103122 of 2025 (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) 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; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future. (e) 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.: 26