- 1 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101863 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. SHYAMA S/O. YAMANAPPA RATNAKAR, AGE: 32 YEARS, OCC: COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE-599102. 2. SHRIDHAR URF HUCHCHAPPA S/O. SUBHAS MADAR, AGE: 26 YEARS, OCC: COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE-599102. 3. SURESH S/O. SUBHAS MADAR AGE: 21 YEARS, OCC: COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE-599102. 4. SUNIL S/O. SIDDAPPA MADAR, AGE: 21 YEARS, OCC: COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 PIN CODE-599102. 5. RAHUL S/O. SIDDAPPA MADAR, AGE: 19 YEARS, OCC: COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE-599102. …PETITIONERS (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH NAVALAGUNDA P.S., NAVALAGUNDA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS (438 OF CR.P.C), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NOS.1 TO 5 ON ANTICIPATORY BAIL IN CRIME NO.120/2024 REGISTERED BY THE NAVALAGUNDA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 317(5), 126(2), 310(2), 311, AND 351(3) OF THE BHARATIYA NYAYA SANHITA, 2023 WHICH IS PRESENTLY PENDING ON THE FILE OF THE HON’BLE ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, NAVALAGUNDA, BEARING CASE NO.9/2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. 2. The petitioners/accused Nos.1 to 5 have filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.120/2024 of respondent/Police for the offences punishable under Sections 126(2), 310(2), 311, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; On 04.08.2024 some unknown persons were standing near Gobbaragumpi cross along with white car, the inmates of the said car wrongfully restrained the first informant and her son, who were traveling in a motorcycle and they forced the first informant and her son to sit in a - 4 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 car, forcibly took the ornaments and cash belonging to the first informant. Thereafter, the first informant and her son were thrown out of the car and fled from the place. 4. In this regard, the first informant lodged complaint to the respondent/police, which leads to registration of FIR. Now the investigation is completed and charge-sheet is filed. Soon after registration of the FIR and filing of the charge-sheet, the respondent/police are visiting the houses of petitioners. Apprehending the arrest at the hands of respondent/police, the petitioners/accused Nos.1 to 5 preferred this anticipatory bail petition contending that petitioners are innocent and not committed any offences. The alleged offences are not punishable with death or imprisonment for life. In order to harass the petitioners, a false case has been registered against the petitioners. The petitioners are ready to abide by the conditions to be imposed by this Court. With these grounds, prayed for allowing the petition. - 5 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 5. Per contra, learned High Court Government Pleader contended that there is a prima facie case against the petitioners/accused Nos.1 to 5 and there is a allegation of extortion and snatching of golden, silver articles of first informant. Soon after their arrest, they were identified by the first informant and her son in the prison in a identification parade. Hence, they are not entitled for bail and prayed for dismissal of petition. 6. The record reveals that, the petitioners have been implicated solely based on their confession statements made in Crime No.118/2024 on 05.09.2024. The police have completed the investigation and recovered part of the stolen ornaments. Therefore, the petitioners are not required for further interrogation in police custody. Further, the alleged offences are not punishable with death or imprisonment for life. 7. Considering the nature of allegation made against the petitioners, gravity of offence, severity of punishment, chances of petitioners absconding or fleeing - 6 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 away from justice if released on bail, character and antecedents of the petitioners tampering of the prosecution witnesses, the petitioners are entitled for grant of bail by imposing certain conditions. Further, these petitioners were granted bail in Criminal Petition No.103225/2024 disposed of on 13.01.2025 in connection with Crime No.118/2024 in a similar case registered by the respondent/police. Review of the same, the petitioners are entitled for similar relief’s in the present case also.. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 438 of Cr.P.C., is allowed. The petitioners/accused Nos.1 to 5 are ordered to be enlarged on anticipatory bail, in the event of their arrest by the respondent-police in Crime No.120/2025 of Navalagund P.S., on they executing personal bond for a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the - 7 - HC-KAR NC: 2025:KHC-D:7361 CRL.P No. 101863 of 2025 following conditions: i) The petitioners shall surrender themselves before the S.H.O/I.O within a period of 15 days from today; ii) The petitioners shall not tamper with the prosecution witnesses directly or indirectly; iii) The petitioners shall be regular in attendance before the trial Court. iv) The petitioners shall not involve in any similar offences. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 23