- 1 - HC-KAR NC: 2025:KHC-K:3648 CRL.P No. 200949 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200949 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: MACHENDRA S/O JATTEPPA DHAGE, AGE:34 YEARS, OCC: COOLIE, R/O. KANAKANAL, TQ. INDI, DIST. VIJAYAPURA 586209. …PETITIONER (BY SRI. SHIVANAND V. PATTANSHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, HORTI POLICE STATION, DIST. VIJAYAPURA- 586117, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/S. 482 OF BNSS,2023 PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.7 AND DIRECT THE HORTI POLICE TO RELEASE THE PETITIONER/ACCUSED NO.7 ON BAIL IN THE EVENT HIS ARREST IN CC NO.1253/2019 (ARISING OUT OF HORTI PS CRIME NO.13/2018 DISTRICT VIJAYAPURA) PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, INDI DISTRICT VIJAYAPURA, FOR THE OFFENECS PUNISHABKLE U/SEC. 457, 380 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3648 CRL.P No. 200949 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri. Shivanand V. Pattanashetti, learned counsel appearing for the petitioner and Sri. Shahabuddin Jamadar, learned High Court Government Pleader for the respondent- State. 2. The petitioner has approached this Court under Section 438 of Cr.P.C., with the following prayer: “Wherefore, for the reasons stated above amongst others, it is humbly prayed that, the Hon’ble Court be pleased to grant the anticipatory bail to the petitioner/accused No.7 and direct the Horti Police to release the petitioner/accused No.7 on bail in the event his arrest in C.C.No.1253/2019 (arising out of Horti P.S. Crime No.13/2018, district Vijayapura), pending on the file of the Additional Civil Judge (Jr. Dn.) and JMFC, Indi, District Vijayapura, for the offences punishable under Section 457, 380 of IPC, in the interest of justice.” 3. The petitioner was in custody in respect of the earlier case and thereafter, he was produced in the case in - 3 - HC-KAR NC: 2025:KHC-K:3648 CRL.P No. 200949 of 2025 respect of Crime No.13/2018 dated 20.01.2018 for the offences under Sections 380, 454, 457 of IPC. After he obtained an order of bail in the earlier case, where he was in custody, he is now not arrested by the Police. It is contended that, he has been proceeded in the present case based on the confession statement given by the petitioner in the earlier case. 4. Till today, the Horti Police have not arrested the petitioner. If the petitioner is directed to appear before the Investigating Officer and undergo limited period of custodial interrogation and thereafter enlarged on bail, ends of justice would be met, taking note of the fact that, the incident is of the year 2018. 5. Accordingly, without expressing any opinion on the merits of the matter, following order is passed: ORDER (i) The petition is allowed; (ii) The petitioner is directed to join the Investigation by appearing before the Investigating Officer on 14.07.2025 at 10.00 a.m. - 4 - HC-KAR NC: 2025:KHC-K:3648 CRL.P No. 200949 of 2025 (iii) Investigating Officer is at liberty to take him to custody and conclude the custodial interrogation on the same day, before 6.00 p.m. and thereafter enlarge the petitioner on bail, on taking a bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (iv) The petitioner shall not tamper the prosecution witnesses in any manner. (v) The petitioner shall co-operate with the Investigation Agency in all respects including furnishing the thumb impression etc., (vi) The petitioner shall not leave the jurisdiction of Vijayapura district, without prior permission. (vii) The petitioner shall attend the Court regularly; (viii) The petitioner shall mark his attendance every third Sunday, between 10.00 a.m. to 2.00 p.m. till the final report is filed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 3 CT:PK