- 1 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103204 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: LEELESHBHAI S/O MATTURBHAYI, AGE. 38 YEARS, OCC. COOLIE, R/O. NISHAL PALIYO ONI, BILIYA GRAM, POST: SAJOYI, TQ. DHANPUR, DIST. DHAHOR, STATE: GUJARAT-389 382. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, BENDIGERI POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE ACCUSED NO.2/PETITIONER ON REGULAR BAIL IN BENDIGERI POLICE CRIME NO.018/2025 PENDING ON THE FILE OF COURT OF III ADDL. CIVIL JUDGE AND JMFC, AT: HUBBALLI IN C.C. NO.3836/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court under Section 483 of BNSS 2023, with a prayer to enlarge him on regular bail in Crime No.18 of 2025 registered by Bendigeri Police Station, Hubballi-Dharwad for offence punishable under Section 310(2) of BNS 2023. 2. Heard learned counsel for the parties. 3. FIR in Crime No.18 of 2025 was registered by the Bendigeri Police Station, Hubballi-Dharwad for the aforesaid offence against 5 unknown persons based on the first information dated 04.02.2025 received from Vaseem Kamalasab Kundagol. During the course of investigation of the said case, petitioner herein was arrested on 21.02.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed in the said case against 5 persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Criminal - 3 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 Misc.No.5383 of 2025 was rejected on 30.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case only for the reason that he was earlier involved in some criminal cases. The last criminal case registered against the petitioner was in the year 2019. After the petitioner was arrested in the present case, he has been arrayed as accused in 6 other cases. In all the said cases, he was produced before the Court under body warrant and remanded to police custody. Petitioner has cooperated for investigation in the said cases. In the present case, there is no recovery from the petitioner. Accordingly, he prays to allow the petition 5. Per contra, learned HCGP who has opposed the petition submits that the petitioner is a person with criminal antecedents having as many as 18 cases registered against him. In the event he is enlarged on bail, he is likely to - 4 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 indulge in committing similar offences. The other 3 accused named in the charge sheet are absconding. Petitioner hails from Gujarat State and therefore it will be difficult to secure his presence in the present case. Accordingly, she prays to dismiss the petition. 6. In the first Information, which is submitted on 04.02.2025, it is alleged that on the intervening night of 03.02.2025 and 04.02.2025 at about 01.30 a.m., 5 strangers intercepted the motorbike of the first informant and after threatening him by showing a knife, they allegedly took a sum of ₹1,200/- from his pocket, a mobile phone from the pocket of his friend-Fazal and thereafter escaped along with the motorbike in which he and his friend were travelling. During the course of investigation of the case, accused Nos.1 and 2, who are direct brothers, were arrested. 7. Charge sheet material would go to show that the knife used to threaten the victim and also the mobile phone - 5 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 belonging to the friend of the victim were seized from the possession of accused No.1. The motorbike in which the victim and his friend were travelling appears to have been seized in Crime No.22 of 2025 registered by the very same police station. It is not in dispute that there is no seizure from the petitioner in the present case. Submission made by the learned counsel for the petitioner that the last case registered against the petitioner was in the year 2019 and in the cases which are registered against him after he was arrested in the present case, he has been produced under body warrant and was remanded to police custody, is not disputed by learned HCGP. 8. It is also not in dispute that in all the said cases in which the petitioner was remanded to police custody, after interrogating him he was produced before the Court and was remanded to judicial custody in the present case. In none of the other criminal cases registered against the petitioner a request was made by the prosecution to remand the petitioner to judicial custody. Accused No.1 who - 6 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 was arrested in the present case has been granted statutory bail in the present case. The petitioner is in custody in the present case from 21.02.2025. The last criminal case registered against the petitioner was in the year 2019 and in most of the earlier criminal cases registered against the petitioner, he has been acquitted. The alleged offence is not exclusively punishable with life imprisonment or death sentence. The petitioner has undertaken to co-operate before the trial Court for the purpose of speedy disposal of the case. 9. Learned counsel for the petitioner has also brought to the notice of this Court that the accused No.1, who has been enlarged on bail, has been regularly appearing before the trial Court on all the dates of hearing. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative, subject to appropriate conditions. According to the following: - 7 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.18 of 2025 registered by Bendigeri Police Station, Hubballi-Dharwad for offence punishable under Section 310(2) of BNS 2023, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties, out of which, one shall be local surety for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future; - 8 - HC-KAR NC: 2025:KHC-D:11477 CRL.P No. 103204 of 2025 5. The petitioner shall mark his attendance before the Station House Officer of Bendigeri Police Station, Hubballi-Dharwad between 10.00 a.m. and 1.00 p.m. on every third Sunday of the month until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 20