- 1 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104259 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SANJAY @ SANJYA S/O. BASAPPA KOPPAD, AGE. 26 YEARS, OCC. COOLIE, R/AT. GANGAPURPETH, TQ. GADAG, DIST. GADAG-582103. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN C.C.NO.672/2024 PENDING ON THE FILE OF JMFC, 2ND COURT, AT GADAG, ARISING IN GADAG RURAL POLICE CRIME NO.142/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 40, 262, 121(2), 132 AND 109 OF BNS, 2023 AND ETC., THIS CRIMINAL PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner who is sole accused is before this Court seeking for grant of regular bail in Crime No.142/2024 of respondent-police for the offence under Sections 40, 262, 121(2), 132 and 109 of Bharatiya Nyaya Sanhita 2023. Brief facts of the case: 2. The case of the prosecution is that, the Inspector of police lodged a complaint stating that the present accused was arrested in Crime No.137/2024, when he was taken for a spot Mahazar. It is alleged that the present petitioner assaulted one of the constables who had accompanied them for the purpose of conducting the Mahazar. At that time, the respondent Police in order to take self defence fired towards the legs of the petitioner. Consequently, the petitioner has sustained injury, later hospitalized. Thereafter, a complainant came to be registered against the present petitioner. - 3 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 3. The respondent-police after conducting investigation, submitted the charge sheet. 4. Heard Sri Gouri Shankar Mot, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State. 5. It is the submission of the learned counsel for the petitioner that, the respondent police have registered a false case against the petitioner in order to screen the offence which they had committed against the petitioner. There are several cases registered against the petitioner. However, in all cases the petitioner has been enlarged on bail. 6. It is further submitted that the petitioner one or other pretext has been implicated in a false case at the instance of respondent police. The petitioner is aged about 26 years and is working as a coolie. The petitioner is a permanent resident of Gangapurpeth of Gadag Taluk. He may be enlarged on bail by imposing suitable conditions. He - 4 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 will abide the condition imposed by this Court. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner is the habitual offender. There are 13 cases pending against him. Though, some cases have ended in an acquittal, the majority of the cases are still pending before the respective Courts for adjudication. If the petitioner is enlarged on bail, there is a possibility that the petitioner may be absconding from the case. As such the leaned HCGP for the state prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that, the petitioner being an accused in Crime No.137/2024 registered under Section 309(4) of BNS-2023, was taken for the purpose of conducting Mahazar. During that time, it is alleged that he had assaulted the police to escape from their custody. However, on perusal of the averments in the charge sheet, without - 5 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 adverting to merit of the case, I am of the considered opinion that the petitioner has made out a case for grant of bail as prayed for. 9. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.142/2024 of respondent-police for the offence under Sections 40, 262, 121(2), 132 and 109 of Bharatiya Nyaya Sanhita 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall mark his attendance before the respondent police once in a month on Saturday between 10:00 Am to 02:00 PM, till disposal of the case. - 6 - HC-KAR NC: 2025:KHC-D:17736 CRL.P No. 104259 of 2025 iv. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. v. The petitioner shall appear before the Trial Court on all hearing dates without fail. vi. The petitioner shall not involve in any criminal cases till disposal of the case. 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 ASN/CT: UMD List No.: 2 Sl No.: 31