[Cites 6, Cited by 0]
Karnataka High Court
Mohanlal Manganilal Choudari Alias ... vs The State Of Karnataka on 18 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2026:KHC-D:4323
CRL.P No. 100372 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100372 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
MOHANLAL MANGANILAL CHOUDARI @ MOHANLAL,
AGE: 65 YEARS, OCC: TRANSPORT BUSINESS,
R/O. SHAMIKPUR MASOORIYA EGULAI,
MASOORIYA EGULAI, JODHPUR, RAJASTAN.
...PETITIONER
(BY SRI K. L. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH HAVERI TOWN POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed by
AT DHARWAD BENCH-580011.
MALLIKARJUN
RUDRAYYA
KALMATH
...RESPONDENT
Location: High
Court of
(BY SRI ABHISHEK MALIPATIL, HCGP)
Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS, (U/S.439 OF CR.P.C.) PRAYING TO GRANT REGULAR
BAIL TO THIS PETITIONER/ACCUSED NO.2 IS CONCERNED IN
HAVERI TOWN POLICE STATION CRIME NO.122/2018 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 420 R/W. SECTION 34
OF IPC PENDING BEFORE PRINCIPAL SENIOR CIVIL JUDGE AND
JMFC COURT, HAVERI IN C.C.NO.29/2021 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC-D:4323
CRL.P No. 100372 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard Sri. K.L.Patil, learned counsel appearing for the
petitioner and Sri. Abishek Malipatil, learned HCGP
appearing for the respondent No.1/State.
2. This petition is filed by the accused No.2 under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (Section 439 of Cr.P.C.) seeking to release the
petitioner/accused No.2 on bail with the following prayer:
"Wherefore, it is most respectfully prayed that,
this Hon'ble Court may be pleased to grant regular
bail to this Petitioner/Accused No.2 is concerned in
Haveri Town Police Station Crime No.122/2018 for
the offence punishable under Section 420 r/w
Section 34 of IPC pending before learned Prl. Senior
Civil Judge and JMFC Court, Haveri in
C.C.No.29/2021 in the interest of justice and equity."
3. The allegation against the accused
No.2/petitioner is that he has tampered the chasi number of
the bus and the accused No.2/petitioner has been plying
many buses from one chasi number. Hence, cheated the
Government causing loss to the revenue of the State
NC: 2026:KHC-D:4323
HC-KAR
Exchequer. Therefore, the offences are foisted against the
accused as above stated.
4. The learned counsel for the accused
No.2/petitioner submitted that the petitioner was earlier
released on bail, but subsequently he has not appeared
before the Court and has not cooperated for trial, therefore
issued Non Bailable Warrant. It is submitted that
proclamation was also issued and after proclamation the
petitioner/accused No.2 was apprehended and now he is in
custody.
5. It is submitted by the learned counsel for the
petitioner/accused No.2 that the accused No.2 had
preferred bail application before the Court and the learned
Magistrate has rejected the bail application and remanded
to custody. The learned counsel for the petitioner/accused
No.2 submits that the petitioner will abide to any condition
to be imposed by this Court and will cooperate for the trial.
NC: 2026:KHC-D:4323
HC-KAR
Therefore, prays to allow the petition by granting bail to the
accused.
6. The learned HCGP submitted that the
petitioner/accused No.2 once was enlarged on bail and has
misused the liberty and did not cooperate for the trial
resulting into hampering the smooth process of trial and he
has justified the order of the trial court. Therefore, prays to
dismiss the petition.
7. Earlier the accused No.2 was released on bail and
thereafter he did not appear for the trial resulting into
issuance of proclamation and NBW and upon this, the
submission made by the learned counsel for the petitioner is
that the accused No.2/petitioner has surrendered before the
trial court and now due to remand, the accused No.2 is in
custody and further submitted that he will cooperate with
the trial in future. Therefore, he prays to enlarge him on
bail.
NC: 2026:KHC-D:4323
HC-KAR
8. Considering this fact, the Court is of the opinion
that without expressing any opinion on the case it has
inclined to release the accused No.2/petitioner on bail with
a condition that he shall not leave the jurisdiction of
Karnataka till the completion of trial and the
petitioner/accused No.2 shall attend the Court on every
dates of trial without any lapse. It is submitted that there
are eight charge sheet witnesses, as such the trial court is
directed to conduct the trial on day-to-day basis and
dispose of the case as expeditiously as possible, but not
later than four months from the date of receipt of certified
copy of this order.
9. Hence, in proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner/accused No.2 is ordered to
be enlarged on bail in Crime No.122/2018
of Haveri Town P.S., Haveri, registered for
NC: 2026:KHC-D:4323
HC-KAR
the offence punishable under Section 420
r/w Section 34 of IPC pending on the file of Prl.
Senior Civil Judge and JMFC Court, Haveri, in
C.C.No.29/2021, subject to the following
conditions.
a) The petitioner shall execute a
personal bond for a sum of
Rs.1,00,000/- along with one surety
for the like sum to the satisfaction of
the trial Court.
b) The petitioner shall not tamper and
threaten the prosecution witnesses in
any manner.
c) The petitioner shall mark his
attendance before the concerned
police station on every Saturday
between 11.00 a.m. to 02.00 p.m.
d) The petitioner shall attend the Court
regularly during the trial without fail.
If not attend for consecutive two
times it entails cancellation of bail.
e) The petitioner shall not the leave the
headquarters of the Karnataka State
till the completion of trial.
NC: 2026:KHC-D:4323
HC-KAR
f) If this order is not complied, then it
will entail cancellation of the bail.
iii) Violation of any of the conditions imposed
shall entitle the prosecution to move for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
DR /CT-AN
List No.: 1 Sl No.: 6
