- 1 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104301 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ARBAZ PASHA S/O. LATE CHAND PASHA, AGE. 23 YEARS, OCC. MECHANIC, R/O. NO.37, SUNNADA GUDU ROAD, RAMAKRISHNA NAGAR, BANGALORE SOUTH, BENGALURU-560078. …PETITIONER (BY SRI U.J. HAVALDAR, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD RURAL POLICE STATION, TQ. DIST. DHARWAD, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001. …RESPONDENT (BY SRI PRAVEEN Y. DEVAREDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THE PETITION AND RELEASE/ENLARGE THE PETITIONER/ACCUSED NO.13 ON REGULAR BAIL, IN CRIME NO.177/2025 OF DHARWAD RURAL POLICE STATION, DHARWAD, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(5), 62(1), 333 OF BHARATIYA NYAYA Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 SANHITA, 2023, SECTION 42(3)(A) OF THE TELECOMMUNICATION ACT, 2023 AND SECTION 25(1)(B) OF THE ARMS ACT, 1959, PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, DHARWAD, AT DHARWAD AND ETC.,. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is before this Court, who is arraigned as accused No.13, seeking regular bail in Crime No.177/2025 of Dharwad Rural P.S., pending on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad. 2. The complaint came to be lodged by the complainant namely, Kannappa S/o.Laxman Jadli, stating that he was the resident of Mamata Farm House, Daddi Kamalapur. He was working as a coolie in the said farm house living along with other inmates. On 12.08.2025 around about 09.30 p.m. when they were sleeping in the farm house along with others, around about 01.30 a.m. some unknown persons trespassed into the farm house and applied the adhesive tape on the mouth of them and - 3 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 committed robbery and snatched two mobile phones of the complainant and another. Immediately after committing the said act, they fled away from the spot. On the following day around 14.30 hours, he lodged a complaint before Dharwad Rural Police. The respondent police after registering the case in Crime No.177/2025, conducted investigation. During investigation the name of this petitioner has been unfolded on recording the statement of the co-accused. Therefore, he is before this Court seeking for regular bail. 3. Heard Sri U.J.Havaldar, learned counsel for petitioner and Sri Praveen Y. Devaraddi, learned HCGP for the respondent State. 4. The submission of the learned counsel for the petitioner is that as per the averments of the complaint, only 8 to 10 members were present at the spot as stated by the complainant. However, this petitioner is arraigned as accused No.13. He has been falsely implicated in this case - 4 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 at the instance of the complainant. No identification parade has been conducted to identify the petitioner. Nothing has been recovered at his instance. Even though, it is stated that two mobile phones have been robbed by accused No.1 and others, his involvement in the offence is doubtful, hence, he may be enlarged on bail by imposing suitable conditions. In fact, there are no antecedents against the petitioner and he is the only earning member of the family. It is further submitted that, he is aged about 37 years and working as a mechanic and permanent resident of Bengaluru and he will abide by the conditions imposed by this Court in the event of his release on bail. Hence, it is appropriate to grant him bail by imposing suitable conditions. 5. Per contra, learned HCGP vehemently opposed the submissions of the learned counsel appearing for the petitioner and also submitted that accused No.1 and others trespassed into the farm house where the complainant and others were sleeping and snatched two mobile phones by - 5 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 applying the adhesive tapes on the mouth of the complainant and others. In fact, the said mobile phones have been recovered at the instance of accused No.1. The petitioner has been implicated at his instance on his voluntary statement. Therefore, it is not appropriate to grant him bail. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the record would indicate that, the incident allegedly took place around about 01.30 a.m. early in the morning, on 13.08.2025. So far the identification parade has not been conducted by the Investigating Officer. Non conducting identification parade certainly would goes to the root of the case. Hence, it is appropriate to grant bail. 7. In the light of observation made above, I proceed to pass the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 ii) The petitioner is ordered to be enlarged on bail in Crime No.177/2025, of respondent police, on executing his personal bond for a sum of ₹1,00,000/- (One Lakh Rupees), with one surety for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without trial. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not commit similar or any other criminal offences till disposal of the case. vi) The petitioner shall furnish his current and permanent address proof before the respondent police within a period of one month from today. - 7 - HC-KAR NC: 2025:KHC-D:14454 CRL.P No. 104301 of 2025 vii) The petitioner shall co-operate with the Investigation. In case, if the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT:UMD List No.: 1 Sl No.: 3