- 1 - NC: 2025:KHC-D:5639 CRL.P No. 100415 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100415 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SUDHAKAR S/O. VADDU GAWADA, AGE: 42 YEARS, OCC. AGRICULTURE, R/O. KUNBI, ULAVI, TQ. JOIDA, DISTRICT: UTTAR KANNADA, PIN-577419. …PETITIONER (BY SRI T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA BY JOIDA P.S., R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN-580011. …RESPONDENT (BY SMT.GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO DIRECT THE INVESTIGATION OFFICER IN CHARGE OF THE JOIDA POLICE STATION CRIME NO.43/2023 IS REGISTERED AGAINST THIS PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 25 OF INDIAN ARMS ACT AND UNDER SECTIONS 4 AND 5 OF INDIAN EXPLOSIVE ACT TO RELEASE THIS PETITIONER ON ANTICIPATORY BAIL, IN THE EVENT OF HIS ARREST, IN THE SAID CRIME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.28 10:41:42 +0530 - 2 - NC: 2025:KHC-D:5639 CRL.P No. 100415 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri T.R. Patil, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 438 of Cr.P.C./482 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To direct the Investigation Officer in charge of the Joida Police Station Crime No.43/2023 is registered against this petitioner for the offences punishable under Sections 3 and 25 of Indian Arms Act and under Sections 4 and 5 of Indian Explosive Act to release this petitioner on anticipatory bail, in the event of his arrest, in the said crime.” 3. Facts in brief which are necessary for disposal of the petition are as under: In respect of an incident said to have occurred on 22.11.2023, Joida Police registered a case in Crime No.43/2023. Earlier in respect of the same incident, forest - 3 - NC: 2025:KHC-D:5639 CRL.P No. 100415 of 2025 officials have also registered a crime. In other words, in respect of one and the same incident, two FIRs have been registered. 4. Heard Sri T.R. Patil, learned counsel for petitioner would submit that he has challenged the registration of two FIRs in respect of the one and the same incident before this Court and a Coordinate Bench of this Court has stayed the further proceedings in the present case. 5. It is the apprehension of Sri Patil that after the disposal of the present case, the police may arrest the petitioner. Accordingly, he sought for grant of anticipatory bail. 6. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent would contend that since the FIR itself is stayed, question of arrest of the petitioner would not arise. Therefore, there is no real apprehension of arrest. - 4 - NC: 2025:KHC-D:5639 CRL.P No. 100415 of 2025 7. Having considered the rival contentions of the parties, this Court perused the material on record meticulously. 8. Admittedly, in respect of registering the second FIR that is the subject matter of the present case, petitioner has already approached this Court in Crl.P.No.101459/2025 and the further proceedings are stayed. Therefore, the Investigating Officer again cannot arrest the petitioner. Nevertheless, in the event the petitioner is unsuccessful in the said petition, there is possibility of arrest of the petitioner. 9. Accordingly, the following order is passed. ORDER (i) The criminal petition is allowed. (ii) Petitioner is directed to be enlarged on bail if he is arrested subject to the final result of the Crl.P.No.101459/2025 by taking a personal bond in a sum Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum. - 5 - NC: 2025:KHC-D:5639 CRL.P No. 100415 of 2025 (iii) Petitioner shall cooperate with the investigation after the disposal of Crl.P.No.101459/2025. (iv) Petitioner shall mark his attendance before the Investigating Officer on every fourth between 10.00 am and 2.00 pm. till the disposal of Crl.P.No.101459/2025 or the final report is filed. (v) Petitioner shall not leave the jurisdiction of Uttara Kannada District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 9