- 1 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104292 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. R. THIPPESWAMY S/O. RAJAPPA, AGE. 28 YEARS, OCC. COCONUT BUSINESS, R/O. AJJIKYATANAHALLI, POST. HIRYEMMIGANUR, TQ. HOLAKERI, DIST. CHITRADURGA, PIN-577523. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, DHARWAD RURAL P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH DHARWAD, PIN-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING, TO RELEASE HIM ON BAIL, IN DHARWAD RURAL PS CRIME NO.177/2025 PENDING ON THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC., DHARWAD, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(5), 62(1) AND 333 OF BNS-2023 AND 42(3)(A) OF THE TELECOMMUNICATIONS ACT AND 25(1)(B) OF ARMS ACT, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.16 is before this Court, seeking bail in Crime No.177/2025 of respondent- police pending on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad. 2. The complaint came to be lodged by the complainant namely, Kannappa S/o.Laxman Jadli, stating that he was the resident of Mamata Farm House, Daddi Kamalapur. He was working as a coolie in the said farm house and living along with other inmates. 3. On 12.08.2025 around about 09.30 p.m. when they were sleeping in the farm house along with others, around about 01.30 a.m. some unknown persons trespassed into the farm house and applied the adhesive tape on the mouth of them and committed robbery and snatched the mobile phones of the complainant and - 3 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 another. Immediately after committing the said act, they fled away from the spot. 4. On the following day around 14.30 hours, he lodged a complaint before Dharwad Rural Police. The respondent-police after registering the case, conducted investigation. During investigation the name of this petitioner has been unfolded on record as disclosed by the co-accused. Therefore, the petitioner is before this Court seeking for regular bail. 5. Heard Sri. T. R. Patil, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent – State. 6. The submission of the learned counsel for the petitioner/accused No.16 is that, as per the averments of the complaint, only 8 to 10 members were present at the spot and stated to have committed the robbery and stolen the mobile phones of complainant and another. However, the present petitioner is arraigned as accused No.16. There is no overt act attributed against the petitioner in the - 4 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 complaint. Nothing is recovered at his instance. Therefore, it is appropriate to grant him bail by imposing suitable conditions. 7. Per contra, learned High Court Government Pleader vehemently opposed the submission of the learned counsel appearing for the petitioner and also submitted that accused No.1 and others trespassed into the farm house where the complainant and others were sleeping and snatched the mobile phones by applying the adhesive tapes on the mouth of the complainant and others. In fact, the said mobile phones have been recovered at the instance of accused No.1. This petitioner is one of the associates of accused No.1, therefore, it is not appropriate to grant him bail. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the record would indicate that, the incident allegedly took place at about 01.30 a.m., on 13.08.2025. The complainant has not identified the presence of the - 5 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 petitioner at the spot. When the presence of the accused/petitioner at the spot is doubtful, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner who is accused No.16 is ordered to be enlarged on bail in Crime No.177/2025, of respondent-police, on executing personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) with one surety to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without trial. iv) The petitioner shall not threaten the prosecution witnesses. - 6 - HC-KAR NC: 2025:KHC-D:14279 CRL.P No. 104292 of 2025 v) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission. vi) The petitioner shall not commit similar or any other criminal offences till disposal of the case. vii) The petitioner shall furnish his current and permanent address proof before the respondent police within a period of one month from today. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 5