- 1 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104624 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MOUSIN S/O LATE ABDUL SHUKUR HONNAVARA AGE 27 YEARS, OCC. BUSINESS R/O. TIPPU NAGAR, BANAVASI ROAD SIRSI TQ. UTTARA KANNADA DIST. 581401. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH NEW MARKET POLICE STATION), UTTARA KANNADA. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD 580001. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C./483 OF BNSS, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN SC NO.5023/2025 IN CONNECTION WITH CRIME NO.49/2019 REGISTERED IN NEW MARKET POLICE STATION SIRSI FOR THE OFFENCES U/S 302, 212, 201 OF IPC PENDING TRIAL OF THE CASE BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR SITTING AT SIRSI (UTTARA KANNADA). IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Anwar Basha, learned counsel for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader for the respondent-State. 2. The petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), with the following prayer: “Wherefore, the petitioner most humbly prays this Hon’ble Court be pleased to allow this petition and enlarge the petitioner/accused No.5 on bail in SC No.5023/2025 in connection with Crime No.49/2019 registered in New market Police Station Sirsi for the offences Under Sections 302, 212, 201 of IPC pending trial of the case before the I Addl. District and Sessions Judge, Karwar sitting at Sirsi (Uttara Kannada) in the interest of justice.” 3. The petitioner was granted bail, with the learned Trial Judge imposing certain conditions. However, the petitioner jumped the bail granted in S.C.No.5023 of 2025. Therefore, the bail was cancelled. - 3 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 4. While granting bail, the learned Trial Judge had imposed few conditions and one such condition was to execute a bond for a sum of ₹1,00,000/-. 5. The reason for jumping the bail, according to the petitioner is that he has been arrested in some other case and therefore he could not attend the Court. The same was not intimated to the Trial Court. As such, the bail granted to the petitioner was cancelled and a non-bailable warrant and surety notice were issued. 6. However, after bail was granted in the other case, the petitioner appeared before the Court and filed a fresh bail application in S.C.No.5023/2025. 7. The learned Trial Judge, after considering the material on record, rejected the same by order dated 06.11.2025. Thereafter, the petitioner is before this Court. 8. Sri.Anwar Basha, learned counsel for petitioner would contend that the petitioner could not appear before the Sessions Court in S.C.No.5023/2025 on the ground that he was arrested - 4 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 in some other case, which was not known to the family members or the Advocate, who represented the petitioner before the Court at Uttar Kannada. Therefore, an adverse order came to be passed. 9. He further submitted that the petitioner is prepared to pay the bond amount and sought for grant of fresh bail, with an assurance that he would continue to appear before the Trial Court regularly. 10. Per contra, learned High Court Government Pleader would contend that petitioner is a known criminal involved in many criminal cases and therefore, grant of bail to the petitioner is totally unwarranted. 11. Taking note of the fact that the petitioner was granted default bail in the other case and thereafter he appeared before the Trial Court. 12. Further, he is ready to pay the bond amount to avail the benefit of the bail order, this Court is of the considered - 5 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 opinion that petition need to be allowed on imposing suitable conditions. 13. Accordingly, the following order: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail on executing a bond for a sum of ₹.2,00,000/-, with two sureties for the likesum to the satisfaction of the learned Sessions Judge in S.C.No.5023 of 2025. (iii) The petitioner shall deposit the earlier bond amount of ₹.1,00,000/-, which stood forfeited automatically. (iv) Until the payment of the entire bond amount is made, there shall not any release order. (v) Petitioner shall attend the Court regularly henceforth. (vi) Petitioner shall not leave the jurisdiction of Uttar Kannada District without prior permission. - 6 - HC-KAR NC: 2026:KHC-D:69 CRL.P No. 104624 of 2025 (vii) Petitioner shall not tamper with the prosecution witnesses in any manner. Violation of any one of these conditions would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 27