- 1 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BBEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101842 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: VAISHAK B. S. S/O. U. SATHYAN, AGED ABOUT 25 YEARS, RESIDING EDAPPALLY NORTH, BLIPARAMBIL HOUSE, P.O, EDAPPALLY ERNAKULAM, KERALA, KERALA-682024. …PETITIONER (BY SRI. VINOD S. SHINGADE, ADVOCATE) AND: STATE OF KARNATAKA, BY HUBBLLI TOWN POLICE, HUBBALLI. REP. BY LEARNED STATE PULIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ENLARGE HIM ON BAIL IN CRIME NO.112/2024 ON THE FILE OF TOWN POLICE STATION, HUBBALLI CITY WHICH IS PENDING ON THE FILE OF THE I JMFC COURT, HUBBALLI, IN C.C.NO. 282/2025, FOR THE OFFENCE U/S.310(2), 311, 312, 238 OF BNSS, 2023 IN THE INTEREST OF JUSTICE AND EQUITY. 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:7588 CRL.P No. 101842 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Vinod S. Shingade, learned counsel for petitioner and Sri.Jairam Siddi learned High Court Government Pleader for respondent -State. 2. The petitioner/accused No.10 has filed this petition under Section 439 of Criminal procedure Code (Cr.P.C.) / Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), praying to grant him bail in Crime No.112/2024 registered by the respondent-Police for the offences punishable under Sections 311, 310(2), 238 and 312 of Bharatiya Nyaya Sanhita Act, 2023 (for short 'the BNS Act'). 3. The brief facts of the prosecution case are as under: On 08.11.2024 at about 3.30 a.m., the first informant was proceeding on Gadag-Hubballi road in his Hyundai - 3 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 Creta car bearing registration No.KA-19/MH-0995, while he was proceeding on the way, about 10-12 persons came in Invova care obstructed the vehicle of the first informant stating that first informant has dashed his vehicle to the vehicle of the said persons and they took quarrel with first informant and assaulted him. Among them one inflicted injury to the left hand of the first informant by means of knife and snatched the mobile and documents from the first informant and one Praveen Pisse, who accompanied the first informant also sustained injury. Again when the first informant came near Bhogi Bhogi hotel near Railway Station, Hubballi in their car, again these accused persons came and obstructed the car of first informant and they robbed Rs.7,00,000/- kept in the dicky of the car. Thereafter, all the accused persons threatened the first informant with dire consequences. Hence, the first informant lodged a complaint. This leads to registration of FIR and investigation. - 4 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 4. The learned counsel for the petitioner contended that the petitioner is innocent, he has not committed any offence as alleged by the prosecution and nothing has been recovered from his possession and he is ready to abide by any conditions that may be imposed by this Court. Thus, he prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader contended that, petitioner is also one of the member of decoity and there is prima facie material against accused to show his involvement in the alleged offence. During course of investigation, the investigating officer has recorded his voluntary statement. As per his voluntary statement, he disclosed that out of Rs.7,00,000/-, he got only sum of Rs.25,000/- as his share. 6. Perused the material available on record, it appears that present petitioner is arraigned as accused No.6 in the charge sheet. As per the charge sheet, all the accused persons, committed decoity and shared amount - 5 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 among them. It also reveals that nothing has been recovered from the possession of the accused. 7. Whether, any recovery has been made pursuant to the voluntary statement and petitioner, is a matter of trial. 8. Learned High Court Government Pleader for respondent-State contended that accused Nos.3 to 4 and 8 to 10 are habitual offender and no such allegations are against petitioner/accused No.6 herein. 9. Having regard to the facts and circumstances of the case and looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner, tempering of the prosecution witnesses, petitioner is not entitled for grant of bail. Accordingly, this Court proceeds to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 ORDEER The petition filed by the petitioner/accused No.10 under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.112/2024 of respondent - Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with two surety for the likesum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner/accused No.10 shall not tamper the prosecution witnesses and threaten the complainant. ii. Petitioner/accused No.10 shall furnish one local surety and he shall furnish his title deed in support of surety. iii. Petitioner/accused No.10 shall mark his attendance on 1st Sunday of every month in between 10:00 a.m. to 05:00 p.m., for a period of 6 [six] months or till filing of final report, whichever is earlier. - 7 - HC-KAR NC: 2025:KHC-D:7588 CRL.P No. 101842 of 2025 iv. Petitioner/accused No.10 shall appear before the Jurisdictional Court regularly without fail. v. Petitioner/accused No.10 shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 58