- 1 - HC-KAR NC: 2025:KHC-D:7675 CRL.P No. 102071 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.102071 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHIVARAJ S/O. HANUMANTAPPA SAVANUR, AGED 24 YEARS, OCC: COOLIE, R/O. BOMMANAHALLI, TALUK: HANGAL, DIST. HAVERI. …PETITIONER (BY KUM. SHIVANI A. MURARI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH BANKAPUR POLICE STATION, TALUK: SHIGGAON, DIST. HAVERI. REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THIS PETITION GRANTING ANTICIPATORY BAIL TO THE ACCUSED NO.2/PETITIONER IN BANKAPUR P.S. CRIME NO.62/2025 REGISTERED FOR THE OFFENCES PUNISHABLE U/S.303(2), 331(3), 331(4) AND 305(E) OF BNS, 2023, WITH A DIRECTION TO THE BANKAPUR POLICE THAT IN THE EVENT OF HIS ARREST, THE ACCUSED NO.2/PETITIONER BE RELEASED ON BAIL AND ETC. THIS PETITION IS 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:7675 CRL.P No. 102071 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Kumari Shivani A.Murari, learned counsel for the petitioner and Smt. Kirthilatha Patil, learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.2 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.62/2025 of respondent/Police for the offences punishable under Sections 303(2), 331(3), 331(4) and 305(e) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under: On 25.04.2025 at 11:30 a.m., within the limits of R.S.No.41/2 situated at Hulikatti village, when the first informant installed 4-mm cable tools for bore-well starter, accused No.1 and others came to the said land and committed theft of 100 feet of cable worth Rs.10,000/- - 3 - HC-KAR NC: 2025:KHC-D:7675 CRL.P No. 102071 of 2025 and accused No.1 caught red-handed by the villagers. Hence, the first informant lodged complaint, which led to registration of FIR and investigation. 4. During the course of investigation, accused No.1 disclose the name of present petitioner, who is arrayed as accused No.2. 5. Learned counsel for the petitioner contended that petitioner is innocent, he has been falsely implicated in this case and he has not committed any offence. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader for respondent/state contended that petitioner is involved in this case, who accompanied accused No.1 in order to commit theft of cable wire installed to starter (borewell) in the land of first informant and the petitioner is a habitual offender involved in other 5-6 similar cases - 4 - HC-KAR NC: 2025:KHC-D:7675 CRL.P No. 102071 of 2025 and if accused No.2 is released on bail, he may tamper the prosecution witnesses and hamper the trial. Hence, prayed for dismissal of petition. 7. Having perused the material available on record, it appears that the name of petitioner/accused No.2 is not found place in the FIR, his name is arrayed in the investigation as per voluntary statement of accused No.1. In fact, the first informant would usually mention all perpetrators in the FIR. Selectively naming some while omitting others is unnatural, weakening the complainant’s case. This omission through otherwise irrelevant, becomes a relevant fact under section 11 of the Evidence Act. 8. Admittedly, the name of petitioner/accused No.2 is not found place in the FIR. As per the contention of learned HCGP, the present petitioner is required for custodial interrogation. The custodial interrogation is a tool and for custodial interrogation, presence of the accused is required. Whereas, in this case, the I.O recovered the article (wires), thus, no custodial interrogation is required - 5 - HC-KAR NC: 2025:KHC-D:7675 CRL.P No. 102071 of 2025 and nothing remains to recover from the accused. Thus, the petitioner is required to be granted anticipatory bail. The alleged offences are not punishable with death or imprisonment for life. Considering the nature and gravity of offence, circumstances in which the offence is committed, position and status of petitioner and the fact that though learned HCGP furnished five FIR’s, but in those FIR’s, the name of present petitioner is not found place, keeping all these factors in mind and on careful perusal of the entire material placed on record, this Court is of the opinion this is a fit case to grant anticipatory bail to petitioner/accused No.2. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 438 of Cr.P.C., is allowed. The petitioner/accused No.2 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in Crime No.62/2025, on he - 6 - HC-KAR NC: 2025:KHC-D:7675 CRL.P No. 102071 of 2025 executing of personal bond for a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner shall mark his attendance before the I.O/S.H.O on 1st and 16th of every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or till filing of the final report, whichever is earlier; iii) The petitioner shall appear before the Court regularly without fail; iv) The petitioner shall not involve himself in similar or any other offences. v) Violation of any of the conditions would entitle for cancellation of bail. Note:- The above observation is made for disposal of the petition. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 6