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2025 DAILYLAW 47666 (KAR)

ANIKET S/O SANJAY DHUNMAL v. THE STATE OF KARNATAKA

CRL.P/101276/2025 · 2025-03-27

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5643 CRL.P No. 101276 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.101276 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ANIKET S/O. SANJAY DHUNMAL AGE: 27 YEARS, OCC. COOLIE, R/O. KABANUR NAGAR, INCHALKARANJI, TQ. HATHAKANAGALE, DIST. KOLLAPUR, MAHARASTRA-416115. PETITIONER IS ACCUSED NO. 4 BEFORE TRIAL COURT …PETITIONER (BY SRI S.B. MALLIGAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. REPRESNTED BY MUDALGI P.S. …RESPONDENT (BY SMT.GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023 R/W. UNDER SECTION 439 OF CR.PC., SEEKING TO ALLOW THE APPLICATION AND ENLARGE THE PRESENT PETITIONER/ACCUSED NO. 4 ON BAIL WITH RESPECT TO MUDALAGI PS CRIME NO. 139/2024 WITH RESPECT TO OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BNS PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, MUDALAGI. 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 10:42:11 +0530 - 2 - NC: 2025:KHC-D:5643 CRL.P No. 101276 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri S.B. Malligawad, learned counsel for petitioner and. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 439 of Cr.P.C./483 of Bharatiya Nagarika Suraksha Sanhita, 2023, with the following prayer: “To allow the application and enlarge the present Petitioner/Accused No. 4 on bail with respect to Mudalagi PS Crime No. 139/2024 with respect to offences punishable under Section 310(2) of BNS pending on the file of learned Civil Judge and JMFC, Mudalagi.” 3. Facts in the nutshell which are utmost necessary for the disposal of the petition are as under: Present petitioner is accused No.4. Based on voluntary statements given by the accused Nos.1, 2, 3 and 5 who are arrested on 27.11.2024, present petitioner was arrested on 29.11.2024. - 3 - NC: 2025:KHC-D:5643 CRL.P No. 101276 of 2025 3.1 The allegations found in the complaint lodged by Jafar Ibrahim Mujawar which came to be registered in Crime No.139/2024 by Mudalagi Police is to the effect that present petitioner along with other accused persons, with a common object, intercepted the free movement of complainant who was moving on a motorcycle and by throwing chili powder, they snatched a bag containing Rs.12,00,000/-. 3.2 FIR came to be registered against unknown persons and after registering the case, police thoroughly investigated the matter and arrested the accused Nos.1 to 3 and 5 on 27.11.2024 and a sum of Rs.8,00,000/- is recovered from them. 3.3 Based on the voluntary statement given by them, present petitioner was arrested on 29.11.2024 and sum of Rs.1,00,000/- is recovered from him. 4. Charge sheet is also filed and other accused persons have been enlarged on bail by the coordinate - 4 - NC: 2025:KHC-D:5643 CRL.P No. 101276 of 2025 Bench of this Court. Copy of the said order is placed on record. 5. Taking note of the same, without expressing further opinion on the merits of the matter, present petitioner is also entitled to be enlarged on bail on the ground of parity alone. 6. Accordingly, the following: ORDER i. Criminal petition is allowed. ii. Petitioner shall be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the Trial Court. iii. Petitioner shall not directly or indirectly tamper the prosecution witness in any manner. iv. Petitioner shall not indulge in similar activities. v. Petitioner shall not leave the jurisdiction of Belagavi District without prior permission. vi. Petitioner shall attend the Court regularly. - 5 - NC: 2025:KHC-D:5643 CRL.P No. 101276 of 2025 Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE NAA para 1 to 3.2 KAV para 3.3 to end CT:PA LIST NO.: 1 SL NO.: 17