Karnataka High Court
Jeethendra Kumar Alias Jeetu S/O ... vs The State Of Karnataka on 13 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10161
CRL.P No. 103123 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103123 OF 2025
(439(1)(B)(CR.PC)/483(1)(B)(BNSS))
BETWEEN:
1. JEETHENDRA KUMAR @ JEETU S/O RAMNATH,
AGE. 33 YEARS, OCC. AGRICULTURE,
R/O. JAMALPUR NATTHILAL CHOWK MOHALLA,
JAMALPUR, DIST. KOULARI,
DHOLPUR, RAJASTHAN-328 030.
2. BALKISHAN S/O MADHAV SINGH KUSHAWAH,
AGE. 35 YEARS, OCC. AGRICULTURE,
R/O. JAMALPUR, SASTNAGAR,
DIST. KOULARI, DHOLPUR,
RAJASTHAN-328 023.
Digitally signed
by RAKESH S
RAKESH HARIHAR 3. SHIVARAM S/O MADHAV SINGH KUSHAWAH,
Location: HIGH
S COURT OF
HARIHAR KARNATAKA AGE. 39 YEARS, OCC. AGRICULTURE,
DHARWAD
BENCH
R/O. JATAV BASTI, DHAULPUR,
DHOLPUR, RAJASTHAN-328 001.
4. BANVARILAL LODHI
@ BANWARI S/O HARI BABU,
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O. JAMALPUR POLICE STATION,
KAULARI DISTRICT, DHOLPUR
RAJASTHAN-328 001.
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CRL.P No. 103123 of 2025
HC-KAR
5. BIJENDRA PAL SINGH S/O BIRI SINGH,
AGE. 52 YEARS, OCC. PVT. WORK,
NOW R/O. 33 GOTA COLONY,
NEAR VAIBHAV SCHOOL,
FOY SAGAR ROAD, AJMER
RAJASTHAN-305 001.
... PETITIONERS
(BY SRI. M.A. PATHAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
(THROUGH HUBBALLI SUB-URBAN POLICE STATION),
BY H.C.G.P HIGH COURT BUILDING,
BENCH, DHARWAD-580 001.
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(1)(B) OF CR.P.C. (UNDER SECTION 483 (1)(B) OF BNSS,
2023), PRAYING TO RELAX THE CONDITION NO.1 THE
PETITIONERS/ACCUSED NO.6 TO 10 HAVE TO EXECUTE
PERSONAL BOND OF RS.5,00,000/- EACH AND TO PROVIDE
TWO LOCAL AND SOLVENT SURETIES TO THE LIKE SUM TO
THE SATISFACTION OF THE COURT IN HUBBALLI SUB URBAN
P.S. CRIME NO.85/2018 DATED 02.06.2025 IMPOSED BY THE
PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD, WHEREIN
THE FIR IS REGISTERED FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 406, 420, R/W 34 OF IPC AND SEC. 9 OF
KPIDFE ACT 2004.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:10161
CRL.P No. 103123 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.6 to 10 in Crime No.85/2018
registered by Hubballi Suburban Police Station, Hubballi-
Dharwad District for the offences punishable under Sections
406 & 420 R/w 34 of IPC and Section 9 of the of the KPIDFE
Act 2004 are before this Court under Section 439(1)(b) of
Cr.P.C, with a prayer to relax condition No.1 imposed by the
trial Court while granting statutory bail as provided under
Section 167(2) of Cr.P.C R/w Section 439 of Cr.P.C,
2. FIR in Crime No.85/2018 registered by Hubballi
Suburban Police Station, Hubballi-Dharwad District initially for
the offences punishable under Sections 406 & 420 R/w 34 of
IPC against Garima Homes and Farm Houses Ltd., and others,
based on the first information dated 26.04.2018 submitted by
Channabasayya Hiremath. In the said case, the petitioners
were arrested on 06.11.2024 and on the said day they were
remanded to judicial custody. Since the police had not filed
charge sheet within the period of 60 days from the date of
remand of the accused to judicial custody, the trial Court has
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HC-KAR
granted statutory bail to them by order dated 02.06.2025
imposing certain conditions. Condition No.1 imposed by the
trial Court while granting statutory bail to the petitioners reads
as follows. Seeking relaxation of the same, the petitioners are
before this Court.
"1) Accused Nos.6 to 10 have to execute
personal bond for Rs.5,00,000/- each and to
provide two local and solvent sureties to the like
sum to the satisfaction of this Court".
3. Learned counsel for the petitioners submits that
impugned condition is harsh and the petitioners are not in
position to comply the same. Though they have been granted
statutory bail on 02.06.2025 till date they are in custody.
4. Learned HCGP on the other hand has opposed the
petition. She submits that the petitioners are from Rajasthan
State and they were absconding all along for the last nearly
seven years. Accordingly, she prays to dismiss the petition.
5. Undisputedly, the name of the petitioners is not
found in the FIR. During the course of investigation, they were
arrested on 06.11.2024 and remanded to judicial custody.
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HC-KAR
However, since charge sheet was not filed within the statutory
period, as provided under Section 167(2) of Cr.P.C, the trial
Court has granted statutory bail to them by imposing certain
conditions. It is trite that right to statutory bail is considered as
a fundamental right in the judgment of Hon'ble Supreme Court
in the case of Bikramjit Singh vs. State of Punjab1.
6. Though the petitioners have been granted statutory
bail from 02.06.2025 till date they are in custody for the reason
that they could not comply condition No.1 imposed by the
Court of Principal District & Sessions Judge, Dharwad. Even
otherwise, I am of the opinion that, condition No.1 imposed by
the trial Court is harsh. Under these circumstances, I am of the
opinion that, it is a fit case wherein the prayer made by the
petitioners is required to be granted.
7. Accordingly, the following:-
ORDER
(i) Criminal petition is allowed.
(2020) SCC OnLine SC 824
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HC-KAR
(ii) Condition No.1 imposed by the Court of Principal
District & Sessions Judge, Dharwad in Crime
No.85/2018 registered by Hubballi Suburban Police
Station, Hubballi-Dharwad District for the offences
punishable under Sections 406 & 420 R/w 34 of IPC
and Section 9 of the of the KPIDFE ACT 2004 is
modified and the same shall read as follows:-
Accused Nos.6 to 10 shall execute a
personal bond for a sum of Rs.1,00,00/- (One
lakh only) each with two sureties (out of
which one surety shall be local surety) to
the likesum to the satisfaction of the trial
Court.
(iii) All other conditions remain unaltered.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
CT:BCK
