- 1 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 87 OF 2025 C/W CRIMINAL PETITION NO. 557 OF 2025 IN CRL.P No. 87/2025 BETWEEN: ROHIT VIJAY ADHAV AGED ABOUT 24 YEARS, S/O LATE VIJAY, R/A NEAR PETROL BUNK, YAVATHI VILAGE., SHIRGONDA TALUK, AHAMED NAGAR DISTRICT, MAHARASHTRA, PIN CODE 413 702. …PETITIONER (BY SRI. HARISH G.,ADVOCATE) AND: STATE OF KARNATAKA BY TUMKUR RURAL POLICE, TUMKUR TALUK, TUMKUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 HIGH COURT OF KARNATAKA, BANGALORE 560001 …RESPONDENT (BY SRI.HARISH GANAPATHY., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY PRAYING TO GRANT REGULAR BAIL IN FAVOUR OF THE ABOVE PETITIONER IN CR.NO.228/2024 IN CC.NO.7527/2024 IN 1ST ADDL.CIVIL JUDGE AND J.M.F.C AT TUMKUR REGISTERED BY THE RESPONDENT POLICE TUMKUR RURAL POLICE FOR THE OFFENCE P/U/S 309(6) OF BNS, BY ALLOWING THE SAME (TUMKUR RURAL POLICE); THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 13.12.2024 IN CRL.MISC.NO.1809/2024. IN CRL.P NO. 557/2025 BETWEEN: SURAJ DATTATRAY WALUNJ S/O DATTATRAY, AGED ABOUT 24 YEARS, R/O, DHAWALGAON, SHRIGONDA TALUK, AHAMED NAGAR MAHARASHTRA- 413702. (ACCUSED IS IN JUDICIAL CUSTODY) ...PETITIONER (BY SRI. SHREEDHAR KATRASHETTI, ADVOCATE FOR SRI. DESAI RAJENDRA CHANDRASHEKAR.,ADVOCATE) - 3 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 AND: STATE OF KARNATAKA BY TUMAKURU RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 ...RESPONDENT (BY SRI. HARISH GANAPATHY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE PETITIONER ON REGULAR BAIL IN CRIME NO. 228/2024 REGISTERED BY TUMAKURU RURAL P.S, SAME IS REGISTERED AS C.C NO.7527/2024 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE (JR) AND J.M.F.C COURT, TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 309(6) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023; THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION IN CRL.MISC.NO.1809/2024 ON 13.12.2024. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 ORAL ORDER These petitions arise out of the same crime number and therefore taken up together and disposed of by a common order. 2. Heard both sides and perused the materials on record. 3. The petitioner in Criminal Petition No.87/2025 is accused No.1 and the petitioner in Criminal Petition No.557/2025 is accused No.2. 4. The above petitions are preferred to enlarge the petitioners on bail in Crime No.228/2024 of Tumakuru Rural Police Station, registered for an offence punishable under section 309(6) of BNS, 2023. 5. In brief, case of the prosecution is that on 14.08.2024 at about 10a.m., the first informant, after unloading gutka at Hiriyur was returning to Tumakuru in his Canter bearing No.KA-06-AA-7653. When he had - 5 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 parked his Canter by the side of the road on Sira-Tumkur NH-48, to attend the first call of nature, accused Nos.1 and 2 along with CCL Nos.1 and 2, came in a Swift Car bearing Registration No.MH-16-DG-2581 and assaulted him with hands and enquired him about the gutka loaded in his vehicle, with an intention to commit robbery. When they were informed that the gutka has been unloaded, they threatened him with dire consequences and went away. 6. Learned High Court Government Pleader has contended that both the petitioners, namely accused Nos.1 and 2, have been identified by the victim in the Test Identification Parade conducted on 30.09.2024 and therefore, there is a prima facie case against them. He contended that petitioners hail from Maharashtra and if they are enlarged on bail, they may commit similar offence and flee from justice. 7. According to prosecution, accused Nos.1 and 2 along with CCL Nos.1 and 2 came in a car belonging to - 6 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 accused No.1 and attempted to commit robbery and assaulted the first informant etc. 8. Though it is alleged that the accused have assaulted the first informant, there is no wound certificate pertaining to the victim. There is no robbery taken place. No criminal antecedents against the petitioners are brought to the notice of the court. According to the learned counsel for the petitioners, a false case has been foisted against them. 9. The petitioners are arrested on 15.08.2024 and they are in judicial custody since then. Investigation is complete and charge sheet is filed. They are no longer required for interrogation. 10. Considering the facts and circumstances of the case, by imposing stringent conditions, the petitioners can be admitted to bail. - 7 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 11. Hence the following :- ORDER Petition is allowed. Petitioners/accused Nos.1 and 2 in Crime No.228/2024 of Tumakuru Rural Police Station, pending in C.C.No.7527/2024 on the file of the I Additional Civil Judge and JMFC, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. - 8 - NC: 2025:KHC:3495 CRL.P No. 87 of 2025 C/W CRL.P No. 557 of 2025 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. The prosecution is at liberty to seek for cancellation of bail if any of the above conditions are violated by the petitioners. Sd/- (MOHAMMAD NAWAZ) JUDGE nv