ASLAM ALIAS ASLAM KHAN S/O MITHORI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18482
CRL.P No. 102880 of 2026
CNR: KAHC020190972026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102880 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
ASLAM @ ASLAM KHAN S/O MITHORI
AGE: 50 YEARS, OCC: FRUIT MERCHANT,
R/O. WARD NO. 8, KAKARALA VILLAGE,
TQ: DHATTAGANJ, DIST: BADAYU,
STATE: UTTARA PRADESH- 243637.
… PETITIONER
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(BEVOOR POLICE STATION),
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD- 580011.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
(U/SEC. 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PRESENT
PETITIONER ON BAIL, WHO IS ARRAYED AS ACCUSED NO. 3 IN SC
NO. 20/2026 FOR THE OFFENCE PUNISHABLE U/SEC. 457, 458, 380,
382, 201, 120(B) OF IPC AND 25(1)(A) OF ARMS ACT, ON THE FILE
OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, IN
CONNECTION WITH BEVOOR P.S. CRIME NO. 78/2020 BY ALLOWING
THIS PETITION.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 102880 of 2026
CNR: KAHC020190972026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard learned counsel for the petitioner and learned
HCGP for respondent – State.
2. The petitioner/accused No.3 has filed this petition
under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023 (Section 439 of Cr.P.C.) seeking regular bail in
S.C.No.20/2026, pending on the file of learned Principal District
and Sessions Judge, Koppal, arising out of Crime No.78/2020 of
Bevoor Police Station, Yelburga Circle, Koppal, registered for
the offences punishable under Sections 457, 458, 382, 201,
120B of Indian Penal Code and Section 25(1A) of the Arms Act,
1959.
3. The brief facts of the prosecution case are as under:
The case of the prosecution is that accused No.1 with an
intention to commit robbery, asked the accused Nos.2 to 7 to
come to Karnataka from Uttar Pradesh and joined the hands
with other accused and went to Karnataka Grameena Bank
situated at Bevoor. They used the Gas cutter and also deadly
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CRL.P No. 102880 of 2026
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weapons and committed theft of gold ornaments and cash of
Rs.21,75,572/-. After committing the theft, they shared the
gold and cash among themselves and flood away from the spot.
Hence, the de facto complainant lodged the complaint, which
leads to registration of FIR and investigation.
4. During the course of investigation, the
petitioner/accused No.3 arrested and in turn, remanded to
judicial custody. Hence, this petition.
5. Learned counsel for the petitioner vehemently
contended that the Coordinate Bench of this Court had granted
bail to the petitioner in Criminal Petition No.104189/2025,
disposed of on 30.10.2025. However, subsequently, the
petitioner jumped bail and violated the bail conditions. Hence,
the Trial Court issued a non-bailable warrant against the
petitioner. It is contended that the now petitioner is ready to
abide by the conditions to be imposed by this Court and he is
also ready to deposit earlier bond amount. Hence, learned
counsel for the petitioner prayed to allow the petition.
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CRL.P No. 102880 of 2026
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Per contra
6. , learned HCGP for respondent –State
contended that two other similar cases are pending against the
petitioner before different Courts and petitioner is a habitual
offender. It is contended that the petitioner is hails from the
State of Uttar Pradesh and, if he is enlarged on bail, he may
abscond and may tampering with the trial. Hence, learned
HCGP prayed to reject the petition.
7. Admittedly, it is a case of bail Jump, whereas, the
petitioner was granted bail by the Coordinate Bench of this
Court in Criminal Petition No.104189/2025, disposed of on
30.10.2025. Subsequently, he jumped bail and hence, he was
arrested by the respondent-Police by issuing Non-Bailable
Warrant against the petitioner. Thereafter, he was secured by
the Trial Court and issued a body warrant against him. Thus,
the petitioner is presently in judicial custody.
8. It is pertinent to note that whenever it is a case of
jumping of bail by the accused, whether there requires an order
to be passed by the Court as to the actual bond or not was
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SADANANDA V. STATE
considered by this Court in the case of
OF KARNATAKA ILR 1985 KAR 2813.
reported in
9. In the said decision, this Court clearly held that
jumping of bail automatically results in forfeiture of the bond
and no separate order is necessary as to forfeiture of the bond
amount is concerned.
10. Further, insofar as the surety is concerned, there is
provisions under Section 446(2) of the Code of Criminal
Procedure, 1973, that the Court may order for remission of
portion of the bond amount, in the event, the Court is satisfied
that the surety did all his best to secure the presence of the
accused, but he was unable to do so. However, similar
provision is not available for remission of the bond amount in
so far as the accused is concerned.
11. Therefore, the unequivocal bond is executed by the
petitioner in favour of the State promising his presence before
the Court till the bond comes to an end by process known to
law. When such promise is broken, entirely on the acts that
could be attributable to the conduct of the accused, there
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cannot be any other plea that the accused can raise in so far as
the forfeiture of the bond is concerned. Therefore, this Court
finds sufficient force in the arguments advanced by the learned
High Court Government Pleader that, in case, this Court has to
consider grant of bail again to the accused, one of the
necessary conditions that would be imposed by this Court is to
recovery of the earlier bond amount.
12. Admittedly, the learned counsel for the petitioner
fairly submitted that the petitioner is ready to deposit earlier
bond amount. His submission is placed on record.
13. Therefore, though it is not a case where the
accused is entitled to grant of bail as of right, especially, when
it is stated in the petition that he had not filed any other similar
petition before any other Court for the same relief and the fact
that two other similar cases are pending against him before
different Courts, this Court in the interest of justice is resorting
to allow the bail petition by using the discretionary and special
powers vested in this Court for affording one more opportunity
for the petitioner to participate in the trial by remaining outside
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the Court on bail. Hence, this Court proceeds to pass the
following:
ORDER
allowed
Criminal petition is .
The trial Court is directed to release petitioner/accused
No.3 on bail in S.C.No.20/2026, pending on the file of learned
Principal District and Sessions Judge, Koppal, arising out of
Crime No.78/2020 of Bevoor Police Station, Yelburga Circle,
Koppal, subject to the following conditions:
i) The petitioner shall pay the previous bond
amount of Rs.1,00,000/-;
ii) The petitioner shall execute a personal bond
in a sum of Rs.1,00,000/- (Rupees one lakh
only) with two sureties and one surety shall
be of local, for the likesum to the satisfaction
of the trial Court;
iii) The petitioner shall not threaten or tamper
with the prosecution witnesses directly or
indirectly, and
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CRL.P No. 102880 of 2026
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iv) The petitioner shall not leave the jurisdiction
of the trial Court, without permission.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
LIST NO.: 1 SL NO.: 19