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Karnataka High Court
Shri Shivanagayya S/O. Muttayya vs State Of Karnataka on 10 March, 2026
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CRL.P No. 100283 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CRIMINAL PETITION NO. 100283 OF 2026
(439(CR.PC)/483(BNSS))
BETWEEN:
SHRI SHIVANAGAYYA
S/O. MUTTAYYA UMACHAGIMATH,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. GUJAMGADI, TAL: RON, DT: GADAG.
...PETITIONER
(BY SRI. SHAILA SHIVAPPA BELLIKATTI, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH KHANAPUR POLICE STATION,
BELAGAVI, REPRESENTED BY SPP DHARWAD,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
...RESPONDENT
Digitally signed
by SAROJA
(BY SRI. ABHISHEK MALIPATIL, HCGP)
HANGARAKI
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS ACT SEEKING TO RELEASE THE PETITIONER/ACCUSED
NO.2 ON BAIL IN C.C. NO.1378/2018, PENDING ON THE FILE OF
PRL. CIVIL JUDGE AND JMFC KHANAPUR ARISING OUT OF
KHANAPUR P.S. CR NO.505/2017, FOR ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 457, 380 OF IPC IN THE
INTEREST OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
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CRL.P No. 100283 of 2026
HC-KAR
ORAL ORDER
This petition is filed under Section 483 of the BNSS,
2023 praying to release the petitioner on bail in C.C. No.
1378/2018 on the file of the Principal Civil Judge and JMFC,
Kahanapur, for the offences punishable under Sections 457
and 380 of IPC.
2. It is stated in the petition that the petitioner is
innocent of the offences alleged against him. The facts of
the case are stated in detail in the petition. The petitioner is
in judicial custody since 02.08.2025. The criminal
miscellaneous petition No. 1116/2025 was dismissed
without properly appreciating the facts of the case. The
charge was framed long back and summons were issued to
the witnesses. The petitioner was in custody in some other
case and body warrant was issued. Due to the Corona Virus,
he was produced before the Court several times under body
warrant. Continuing the petitioner in custody would amount
to pre-trial punishment, which is violative of Article 21 of
the Constitution of India. The petitioner undertakes to
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appear before the Trial Court regularly and to co-operate
with the trial. He will not tamper with the prosecution
witnesses and will not abscond from the proceedings.
Hence, he has prayed for allowing the bail petition.
3. Learned HCGP has filed objections to the bail
petition, wherein the learned HCGP has narrated the facts of
the case in detail. It is contended that there are four other
cases against the petitioner and all those cases were
registered subsequent to the present case. This shows that
the petitioner has misused the bail granted to him. It is
further contended that the petitioner remained absent from
the trial from 27.01.2020 till 02.08.2025. He has jumped
bail for more than four years. Only because of his absence,
the trial could not be concluded. Hence, he has prayed for
dismissal of the bail petition.
4. Heard arguments of both sides.
5. From the above facts, the point that arises for
consideration is:
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"Whether the petitioner is entitled to be
released on bail?"
6. The finding of this Court on the above point is in
'Affirmative' for the following reasons:
7. The charge sheet is filed against the petitioner
(accused No.2) and accused No.1 alleging the offences
punishable under Sections 457 and 380 of IPC in Crime No.
505/2017.
8. It is the case of the prosecution that on
29.10.2017 at about 03.30 a.m., the petitioner along with
Accused No.1 had been to locked house situated at
Vagdegalli, Khanapura taluk with an iron rod, cutting plier
and screwdriver. They broke open the lock, trespassed into
the house and committed theft of 5-gram gold chain and
cash of ₹400, thereby committing the offences punishable
under Sections 457 and 380 of IPC.
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9. Accused No.2 was on bail during crime stage.
After filing of charge sheet, he appeared before the court,
the charge was also framed. Subsequently, the petitioner
remained absent from 27.01.2020 till he was arrested on
02.08.2025. Thus, the petitioner was absent for a period of
more than five years. The certified copy of the order sheet
of said case produced along with the petition reveals that
body warrant was issued against the petitioner on
16.07.2024. However, before he could be produced before
the Court under the body warrant, he was released on bail
in the said case.
10. The objections filed by the learned HCGP further
reveal that the petitioner is involved in four other cases
registered before Khanapur Police Station, Gokul Road
Police Station Hubballi, Belagavi Rural Police Station,
Udyambag Police Station, Malmaruti Police Station, and all
the said cases were registered after registration of the
present case in Crime No. 505/2017. However, the records
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of those cases are not produced. The petitioner has been
released on bail in all those matters.
11. After framing of the charge, some witnesses
were examined. However, due to some reasons trial could
not be concluded. After the arrest of the petitioner, the trial
is being continued. Almost all the witnesses have been
examined except CW-6 and CW-13.
12. Learned counsel for petitioner would submit that
since November-2025 summons is being issued to C.W.6,
but he has not appeared to face the cross-examination and
C.W.13 is yet to be examined.
13. The offences alleged against the petitioner are
punishable under Sections 457 and 380 of IPC and
maximum punishment for these offences is 14 years.
14. Even though there are serious allegations against
the petitioner that he is involved in four other cases, after
registering the present case, he was in J.C. in some other
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cases for some period and due to COVID-19, for some
period he could not appear before the Court.
15. The trial is almost completed except recording
evidence of two witnesses. Considering the nature of
offences alleged against the petitioner and since he is in
J.C., by imposing some suitable conditions the petitioner
could be released on bail. The apprehension of learned
Additional Government Advocate could be protected by
imposing suitable conditions.
16. Hence, I pass the following:
ORDER
Bail petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (439 of Cr.P.C.) is hereby
allowed.
The Petitioner/accused No.2 is ordered to be enlarged
on bail in Crime No.505/2017 of Khanapur Police Station for
the offences punishable under Sections 457 and 380 of IPC,
on he executing self-bond for a sum of ₹.1,00,000/-
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(Rupees One Lakh only) with two sureties for the like sum
to the satisfaction of jurisdictional Court and directed to
produce his I.D. and address proof documents with
following conditions:
1. Petitioner/accused No.2 shall appear before the
Trial Court on all hearing dates regularly without
fail.
2. Petitioner/accused No.2 shall not indulge in similar
offences.
3. Petitioner/accused No.2 shall not tamper with the
prosecution witnesses and shall not threaten the
witnesses directly or indirectly.
4. Petitioner/accused No.2 shall appear before the
Investigating Officer as and when called for
investigation during the reasonable hours of the
day.
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5. The sureties are directed to produce title deeds of
the property before the jurisdictional Magistrate.
If any of these conditions are violated, then, the bail
bond will be automatically cancelled.
Sd/-
(GEETHA K.B.)
JUDGE
VB upto para 11
SH-12 to end
CT-MCK
LIST NO.: 38 SL NO.: 5
