- 1 - HC-KAR NC: 2025:KHC-D:14281 CRL.P No. 104294 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.104294 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: H. MANJUNATH S/O. H. VEERABHADRAPPA, AGE. 39 YEARS, OCC. PRIVATE SERVICE, R/O. PATEL NAGAR, HAGARI BOMMANAHALLI, BALLARI, NOW AT: DHARWAD. …PETITIONER (BY SRI. GODE NAGARAJA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE DHARWAD RURAL POLICE, R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH AT DHARWAD PIN CODE-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, ALLOW THIS PETITION AND RELEASE THE PETITIONER/ACCUSED NO.3 ON REGULAR BAIL, IN DHARWAD RURAL PS NO.177/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BNS 2023, SECTION 42(3)A OF THE TELECOMMUNICATIONS ACT, 2023 AND UNDER SECTION 25(1B) OF ARMS ACT PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC., DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14281 CRL.P No. 104294 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.3 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:14281 CRL.P No. 104294 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 the voluntary statement of the co-accused. Therefore, the petitioner is before this Court seeking for regular bail. 5. Heard Sri. Gode Nagaraja, 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.3 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.3. There is no overt act attributed against the petitioner in the complaint. - 4 - HC-KAR NC: 2025:KHC-D:14281 CRL.P No. 104294 of 2025 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, 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 petitioner at the spot. When the presence of the - 5 - HC-KAR NC: 2025:KHC-D:14281 CRL.P No. 104294 of 2025 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/accused No.3 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) each, with one surety each, 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:14281 CRL.P No. 104294 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.: 7