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CDJ 2026 Kar HC 243
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| Court : High Court of Karnataka |
| Case No : Criminal Petition No. 17286 Of 2025 (439(Cr.PC) / 483(BNSS)) |
| Judges: THE HONOURABLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR |
| Parties : Veerabhadrappa Versus State By Yagati Police By State Public Prosecutor, Bangalore |
| Appearing Advocates : For the Petitioner: C.V. Thushanath, Advocate. For the Respondent: B. Pushpalata, Addl. SPP. |
| Date of Judgment : 13-03-2026 |
| Head Note :- |
Indian Penal Code - Section 34 -
Comparative Citation:
2026 KHC 15090,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Cr.P.C
- Section 483 of the BNSS, 2023
- Sections 504, 323, 436, 307 read with Section 34 of IPC
- Section 34 of IPC
2. Catch Words:
- bail
- forfeited bond
- non‑bailable warrant
- judicial custody
3. Summary:
The petitioner, accused under Sections 504, 323, 436 and 307 r/w Section 34 IPC, had previously been granted bail in 2020 and again in 2022, but his bail was cancelled after a non‑bailable warrant was issued for his absence. He surrendered in November 2025 and remained in judicial custody. On 2 March 2026 he deposited ₹50,000 towards the forfeited bond. Citing miscommunication with counsel and a commitment to appear for all future hearings, the Court found merit in his application. Accordingly, the petition for bail was allowed subject to a personal bond of ₹1,00,000 with one surety and conditions to not tamper with witnesses and to attend all trial dates. The deposited amount is to be appropriated to the State as forfeited bond.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: This Criminal Petition is filed u/S.439 (filed u/S.483 BNSS) Cr.P.C praying to allow this petition and the petitioner may be enlarge on Bail, registered for the offence punishable under Sections 504,323,436,307 r/w Section 34 of IPC on the file of the Hon'ble Principal District and Sessions Judge at Chiakkamagaluru in (Crime No.17/2020) S.C.No.114/2020; the Principal District and Sessions Judge, Chikkamagaluru has rejected the Bail petition on 26.11.2025 in S.C.No.114/2020 and etc.)
Oral Order
1. This Criminal Petition is filed by Accused No.1 under Section 483 of the BNSS, 2023 seeking bail in S.C. No.114/2020 arising out of Crime No.17/2020 of Yagati Police Station, Birur Circle, Chikkamagaluru, registered for the offences punishable under Sections 504, 323, 436, 307 read with Section 34 of the IPC, now pending on the file of the Principal District and Sessions Judge, Chikkamagaluru.
2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent - State.
3. The petitioner was granted bail at the crime stage on 24.06.2020. Thereafter, the charge sheet came to be filed and the case was registered as S.C. No.114/2020 before the Sessions Court. Subsequently, the petitioner was granted bail on 18.02.2022. Thereafter, the petitioner remained absent before the Trial Court and a Non-Bailable Warrant (NBW) came to be issued against him. Consequently, the bail granted to the petitioner was cancelled on 05.02.2024. The bail bond executed by the petitioner was also forfeited on 19.08.2022.
4. Thereafter, the petitioner surrendered before the Court on 14.11.2025 and since then he has been in judicial custody. The petitioner has now deposited a sum of ₹50,000/- on 02.03.2026 before the trial Court in S.C. No.114/2020 towards the forfeited bond amount.
5. It is submitted that the petitioner could not appear before the trial Court earlier due to a miscommunication between him and his counsel. The petitioner has now undertaken to appear before the Trial Court on all future hearing dates and to abide by any conditions imposed by this Court.
6. Considering the above aspects, this Court is of the considered opinion that the petitioner has made out a case for grant of bail subject to conditions. In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in S.C. No.114/2020 (Crime No.17/2020 of Yagati Police Station) registered for offences punishable under Sections 504, 323, 436 and 307 read with Section 34 of IPC pending on the file of the learned Principal District and Sessions Judge, Chikkamangaluru subject to following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
The amount deposited by the petitioner shall be appropriated to the State towards forfeited bond amount.
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