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HC-KAR NC: 2025:KHC-D:7255 CRL.P No. 101834 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 101834 OF 2025 (439(Cr.PC)/483(BNSS)
BETWEEN:
SANTOSH S/O. HARI KADAM, AGE 41 YEARS, OCC: COOLIE, R/O. GHATANE, TQ. MADA, DIST. SOLLAPUR, MAHARASHTRA STATE -413213. …PETITIONER (BY SRI. ANGADI RAJASHEKHAR HOLABASAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA, (BEVOOR POLICE STATION), R/BY. STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA , DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CRPC (483 OF BNSS) SEEKING TO ENLARGE THE PRESENT PETITIONER WHO IS ARRAYED AS ACCUSED NO1 ON BAIL IN CONNECTION BEVOOR POLICE STATION AT THEIR P.S.CRIME NO 78/2020, DATED 24.09.2020 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL IN S.C NO.33/2021 FOR THE OFFENCE PUNISHABLE U/S.457, 458, 380, 382, 201 OF IPC U/S.25(1A) OF INDIAN ARMS ACT BY ALLOWING THE PRESENT PETITION TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:7255 CRL.P No. 101834 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Heard Sri. R.H. Angadi, the learned counsel for the petitioner and Sri. Jairam Siddi, the learned HCGP for the respondent – State.
2. This petition is filed under Section 439 of Cr.P.C. [483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to grant bail in favour of accused No.1 / petitioner in S.C. No.33/2021 pending on the file of learned Principal District and Sessions Judge, Koppal in connection with Bevoor P.S. Crime No.78/2020 for the offences punishable under Sections 457, 458, 380, 382, 201 of IPC and Section 25(1A) of the Indian Arms Act.
3. The accused has been charge sheeted for the offences punishable under Sections 458, 382, 201 of IPC and Section 25(1A) of the Indian Arms Act. There is common recovery from accused Nos.1, 9 and 10. Accused No.10 has been granted bail by learned Trial Judge, taking note of the gravity of the offences and also evident that there is no
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HC-KAR NC: 2025:KHC-D:7255 CRL.P No. 101834 of 2025
criminal antecedents in favour of accused No.10 is concerned. Insofar as accused No.9 is concerned, this Court granted bail in Criminal Petition No.101361/2025. Accused No.1 also stands on the same footing.
4. Learned High Court Government Pleader orally objected to allow the petition.
5. Several witnesses have already been examined before the Trial Court. However, the Trial Court has not yet concluded till date.
6. Taking note of the fact that accused Nos.1 stands on the same footing as that of accused Nos.9 and 10, who have already been granted bail by the Trial Court as well as this Court respectively, it is just and necessary to allow the bail petition and to release the petitioner on bail, who is accused No.1, solely on the ground of parity. Accordingly, this Court proceed to pass the following order.
ORDER i) The criminal petition is allowed. ii) The petitioner – accused No.1 shall be enlarged on bail on executing a personal bond in a sum of
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HC-KAR NC: 2025:KHC-D:7255 CRL.P No. 101834 of 2025
Rs.1,00,000/- (Rupees One Lakh Only) with two local sureties for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall not tamper the prosecution witnesses in any manner. iv) The petitioner shall attend the Court regularly. v) The petitioner shall not indulge in any similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail.
Order accordingly.
Sd/- (VENKATESH NAIK T) JUDGE
RSH, EM /CT-AN List No.: 1 Sl No.: 17