Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18436 CRL.P No. 7028 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7028 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN:
DHOLATH KHAN @ MUNEER KHAN S/O. BABU KHAN, AGED ABOUT 32 YEARS, R/O. KAIRVA VILLAGE, MANAVAER TALUK, DHAR DISTRICT, MADHYA PRADESH.
(PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
STATE BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA DISTRICT - 515 281.
REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.68/2025 OF CHITRADURGA RURAL POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 303(2) OF BNS 2023 ON THE FILE OF THE COURT OF Ist ADDL. CIVIL JUDGE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18436 CRL.P No. 7028 of 2025
(Jr.Dn.) AND JMFC COURT AT CHITRADURGA DISTRICT AND DIRECT THE PETITIONER BE RELEASED ON BAIL.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court, seeking for the following reliefs:
"Wherefore, the petitioner most humbly prays that this Hon'ble High Court may be pleased to allow this criminal petition and enlarge the petitioner on bail in Crime No.68/2025 of Chitradurga Rural Police Station, for the alleged offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 on the file of the Court of I Addl. Civil Judge (Jr.Dn.) and JMFC Court at Chitradurga District and direct the Petitioner be released on bail on such terms and conditions deemed fit, in the interest of justice and equity."
2. The petition is arising out of proceedings initiated against the petitioner under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The submission made by the learned counsel for petitioner is that the ornaments which are alleged to have been stolen have been recovered and made
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HC-KAR NC: 2025:KHC:18436 CRL.P No. 7028 of 2025
available to the complainant who has got the ornaments released.
4. The submission of Sri K.V.Sateeshchandra, learned counsel for petitioner is that the petitioner will co-operate with the trial of the matter, will not take any unnecessary adjournment and will be present on every date on which the matter is listed. He submits that the investigation has already been completed, the trial yet to commence and the petitioner may be released on bail.
5. The petitioner has been arrested on 10.04.2025. Considering that investigation has been completed and trial is yet to commence, as also that the ornaments which are alleged to have been stolen by the petitioner have been recovered, I am of the considered opinion that there will be no purpose served by the petitioner continuing to be in custody.
6. As such, I pass the following:
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HC-KAR NC: 2025:KHC:18436 CRL.P No. 7028 of 2025
ORDER The criminal petition is allowed. The petitioner shall be released on bail in connection with Crime No.68/2025 of Chitradurga Police Station, for the offence punishable under Section 303(2) of BNS, 2023 now pending on the file of I Additional Civil Judge (Jr.Dn.) and JMFC, Chitradurga, subject to the following conditions: i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional court; ii. The petitioner shall appear before the Committal Court on every date of hearing; iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings; iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner; v. The petitioner shall not leave the jurisdiction of the trial court without prior permission, till the case registered is disposed of;
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HC-KAR NC: 2025:KHC:18436 CRL.P No. 7028 of 2025
vi. The petitioner shall furnish list of movable and immovable property held by him to the said Court; vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID(if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.
SD/- (SURAJ GOVINDARAJ) JUDGE
CPN List No.: 2 Sl No.: 50 CT: PSJ