Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:209 CRL.P No. 105223 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105223 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN:
SANTOSH @ HUSSAIN S/O RAJASAB TAHASILDAR, AGE 42 YEARS, OCC. COOLIE, R/O. DARGA NEAR ILKALL, TQ. HUNGUND, DIST. BAGALKOT 582108. …PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, (THROUGH KUSHTAGI POLICE STATION) …RESPONDENT (BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C.
(U/S. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.32/2018 ARISING OUT OF CRIME NO. 275/2017 REGISTERED BEFORE KUSHTAGI POLICE STATION FOR THE OFFENCE P/U/SEC. 323, 307, 504, 506, 34 OF IPC PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE KOPPAL, IN THE INTEREST OF JUSTICE.
Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:209 CRL.P No. 105223 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)
Heard Sri Anand R.Kolli, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent.
2. Petitioner is the accused in S.C.No.32/2018. He had been granted bail. But the petitioner jumped the bail and thereafter he was apprehended by the police and sent to judicial custody.
3. Attempt made by the petitioner is to seek grant of bail again he is turned down by the learned trial Judge and thereafter petitioner is before this Court.
4. Sri Anand R.Kolli, learned counsel for the petitioner would submit that due to unavoidable circumstances, the petitioner could not appear before the Court and on that day, non-bailable warrant came to be
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HC-KAR NC: 2026:KHC-D:209 CRL.P No. 105223 of 2025
issued as his lawyer could not also make a seek exemption of the petitioner and therefore sought for grant of bail.
5. Per contra, learned High Court Government Pleader would submit that very fact that the petitioner has jumped the bail would prove the apprehensions expressed by the prosecution earlier while opposing the bail application and therefore, petition needs to be dismissed.
6. Taking note of the fact that the petitioner has come forward to pay the earlier bond amount by filing a memo, this Court is of the considered opinion that the jumping of the bail is not intentional and the same can be condoned by again granting him bail with fresh bonds.
7. Hence, following order is passed:
ORDER i. Petition is allowed. ii. Petitioner is directed to be enlarged on bail on executing a fresh bond in a sum of ₹1,00,000/-
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HC-KAR NC: 2026:KHC-D:209 CRL.P No. 105223 of 2025
with two sureties for the like sum to the satisfaction of the trial Court. iii. Petitioner shall pay the earlier bond amount of ₹50,000/-. iv. Petitioner shall attend the court regularly. v. Petitioner shall not tamper the prosecution witnesses. vi. Petitioner shall not leave the jurisdiction of Bagalkot without prior permission. vii. Release order to be passed by the learned Sessions trial Judge only after the payment of the entire bond amount. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 15