Granting bail requires consideration of the accused's circumstances and adherence to conditions to ensure trial availability.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard Sri. M.J.Peerjade, learned counsel for the petitioner and Sri. Abhishek Malipati, learned High Court Government Pleader for the respondent – State.

2. The petitioner/accused No.3 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita , 2023] to grant bail in S.C.No.5048/2025, pending on the file of learned VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi in connection with Chikkodi P.S. Crime No.65/2021 for the offences punishable under Sections 364, 120(B), 109, 302, 201 read with Section 34 of IPC. The petitioner was granted bail earlier on 04.05.2021 and he was appearing in Sessions Case No.5250/2021 of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi. Thereafter, he jumped bail from the year 2021 till his surrender on 04.09.2024. As he did not appear, case was split-up and non-bailable warrant was issued in S.C.No.5048/2025. On the basis of said warrant, on 20.02.2025, he voluntarily surrendered before the trial Court, in turn, he was remanded to judicial custody. Thereafter, he moved an application for bail. His bail application was rejected by the trial Court and therefore, he approached this Court for grant of bail.

3. Learned counsel for the petitioner contended that petitioner is aged about 45 years, he is sole bread earner in the family, he is a married person having minor children, he has been in custody since more than 4 months and he is ready and willing to abide by any of the conditions to be imposed by this Court for release on bail. He further contended that there is no material against the petitioner/accused No.3 for the aforesaid offences. Hence, he seeks bail and submits that petitioner is ready to deposit the bond amount executed by him in the earlier bail order i.e., Crl.Misc.No.5250/2021 dated 04.05.2021.

4. The submission of learned counsel is placed on record.

5. Per contra, learned HCGP supports the order of the learned Sessions Judge and submits that as per the petitioner, he was absconded and if he is released on bail, he may not available for trial. Hence, prayed for rejection of petition.

6. Perused the material available on record.

7. So far as the incident is concerned, the incident occurred on 22.03.2021. The petitioner was arrested and later he was released on bail on 04.05.2021 in view of the order passed by the learned Sessions Judge in Crl.Misc.No.5250/2021, which shows that earlier he was on bail and subsequently, he remained absent for a period of 4 years and he was surrendered on 20.02.2025. The petitioner is said to be a poor person, earning his livelihood for maintenance of his wife and children by doing labour work and in case is he continued in the custody, his family will be put to great hardship.

8. Considering the above said facts and circumstances and accepting the submission made by learned counsel for the petitioner that the petitioner is ready to deposit the earlier bond amount executed by him before the jurisdictional Court, then he has to be released on bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following;

ORDER

The petition filed under Section 439 of Cr.P.C., is allowed.

The petitioner/accused No.3 is ordered to be enlarged on bail in S.C.No.5048/2025 (Crime No.65/2021 of Chikkodi Police Station), on the file of VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of learned Sessions Judge, subject to the following conditions:

i) The petitioner shall deposit earlier bond amount executed by