- 1 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102172 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: UDAY SIDDAPPA REDDI @ MANG, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. MAVINHONDA VILLAGE, RAIBAG TALUK, BELAGAVI-591317. …PETITIONER (BY SHRI PRASHANT F. GOUDAR, ADVOCATE) AND: STATE OF KARNATAKA, P.S.I, GHATAPRABHA P. S. REP. BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.9 PURSUANT TO AN FIR REGISTERED BY GHATAPRABHA POLICE STATION IN CRIME NO.36/2025 FOR THE OFFENCES PUNISHABLE U/S.140(2), 351(2), 61(2), 127(2), 308(2) AND 190 OF BNS, AT, 2023, ON THE FILE OF XII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK, IN THE ENDS OF PROMOTING 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 - 2 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned HCGP is directed to take notice for respondent-State. 2. Heard Sri.Prashanth F. Goudar learned counsel for the petitioner and Sri.Abhishek Mali Patil, learned HCGP for respondent-State. 3. The petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after for short ’BNSS’) read with Section 438 of Cr.P.C. seeking anticipatory bail in connection with Crime No.36/2025 of Ghataprabha Police, Gokak taluk for the offences punishable under Sections 140(2), 351(2), 61(2), 127(2), 308(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 (herein after for short ‘BNS’). 4. Brief facts of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 On 14.02.2025 at about 11 p.m., the accused persons abducted first informant’s husband Basavaraj Neelappa Ambi from Dandapur village and thereafter demanded a sum of rupees five crores by making phone call from the mobile phone of first informant’s husband. When the complainant along with her family members went to the intended place as suggested by the accused persons along with cash of rupees ten lakhs, on 15.02.2025 at 4 p.m. near Prathana Hotel at Nippani by- pass, when they saw the first informant, they left the place without approaching them. Thereafter, again on 17.02.2025, complainant was asked to show money on video call. However, the abductors did not respond the phone call. Thus, the first informant lodged complaint. This leads to registration of FIR and investigation. Later i.e. on 19.02.2025 victim Basavaraj Neelappa Ambi @ Talwar was secured. Thus, apprehending arrest at the hands of respondent-Police, the petitioner approached this Court. - 4 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 5. Learned counsel for the petitioner contended that, the learned XII Addl. District and Sessions Judge, Belagavi sitting at Gokak granted bail in favour of accused No.5 in Crl.Misc.No.8028/2025 vide its order dated 18.03.2025 and the same Court granted bail in favour of accused No.10 in Crl.Misc.No.8041/2025 by its order dated 07.04.2025 and considering the order passed by the XII Addl. Sessions Judge, this Court has also granted bail in favour of accused Nos.7 and 8 in Crl.P.No.101384/2025 and in Crl.P.No.101487/2025. Thus, prayed to grant bail on the ground of parity. The learned HCGP does not dispute this aspect. 6. On perusal of the FIR, the name of this accused person is not found therein. FIR is registered against unknown persons. Only during the investigation, accused Nos.5 and 7 were arrested and subsequently they were enlarged on bail. Taking into consideration of the nature and gravity of the offence, previous antecedents of the accused and considering the fact that accused Nos.5,7,8 - 5 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 and 10 are already enlarged on bail, accused No.9 who is standing on the same footing is also entitled for grant of bail. 7. Admittedly, the alleged offence is not punishable with death or imprisonment for life. It is a well- established principle of law that, while considering a bail application, the Court must take into account the nature of the offence, the circumstances in which it was committed, the position and status of the petitioner, the likelihood of his fleeing from justice, the possibility of tampering with witnesses, and the character and antecedents of the accused. Therefore, it is just and necessary to allow the petition. Accordingly, I proceed to pass the following order: ORDER i. The criminal petition is hereby allowed. ii. The petitioner is ordered to be enlarged on bail in the event of his arrest by the respondent – Police on they executing personal bonds for a - 6 - HC-KAR NC: 2025:KHC-D:7713 CRL.P No. 102172 of 2025 sum of Rs.1,00,000/- with a surety for the like sum to the satisfaction of the I.O./SHO. iii. The petitioner shall surrender before the Investigating Officer within a period of 15 days from the date of receipt of a copy of this order. iv. The petitioner shall not tamper with the prosecution witnesses in any manner. v. The petitioner shall not directly or indirectly induce, give threat or promise to any person acquainted with the facts of the case. vi. The petitioner shall not involve in similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN, List No.: 1 Sl No.: 35