- 1 - HC-KAR NC: 2025:KHC-D:7542 CRL.P No. 102021 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102021 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI. KHALANDAR KHAN S/O. ABDUL HAFEEZ, AGE: 33 YEARS, OCC: CHAR COAL TRADER, R/O. ARVIND NAGAR, ANAND SINGH COMPOUND, HOSAPETE, TQ. HOSAPETE-583201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANGAVATHI TOWN POLICE STATION, TQ. GANGAVATHI, DIST. KOPPAL, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.94/2025 ARISING OUT OF GANGAVATI TOWN POLICE STATION FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE U/S.179 AND 180 OF BNS, 2023, TO MEET THE ENDS OF JUSTICE AND ETC. 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:7542 CRL.P No. 102021 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Shivaraj S.Ballolli, learned counsel for the petitioner and Sri.Abhishek Malipatil, learned HCGP for respondent-State. 2. The petitioner/accused No.1 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crime No.94/2025 of Gangavati Town Police Station for the offences punishable under Sections 179 and 180 of BNS- 2023. 3. Brief facts of the prosecution case is as under; One Gangadhar Vereshappa lodged first information to the respondent-Police alleging that on 02.05.2025 at 7 p.m. when he was in the cash counter of the bar and restaurant, accused Nos.1 and 2 came to the bar and taken full bottle of Royal Stage whisky worth Rs.1,205-00. They tendered 3 notes of Rs.500 denominations total - 3 - HC-KAR NC: 2025:KHC-D:7542 CRL.P No. 102021 of 2025 Rs.1,500/- and requested for change. On suspicion of the said notes, the complainant examined them with a currency verification machine and discovered that they were fake currency notes. Therefore, informed the said aspect to the Manager and Assistant Manager and when they enquired accused Nos.1 and 2 about fake notes they ran away from the spot. However, they caught hold from the other persons and produced before the police. Based on the complaint, Gangavathi police registered the case in Crime No.94/2025 for the offences punishable under Sections 179 and 180 of BNS-2023. 4. Learned counsel for the petitioner contended that petitioner is innocent and he has been falsely implicated in the case. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by any conditions to be imposed by this Court and he is permanent resident of Hosapet town. Hence, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:7542 CRL.P No. 102021 of 2025 5. Per contra, learned HCGP contended that there is a prima facie allegation against the petitioner. The investigation is still under progress. If the petitioner is released on bail, he will tamper the prosecution witnesses and hamper the investigation and thus, prays for rejection of bail petition. 6. Perused the material available on record. 7. On perusal of the material available on record, it appears that accused Nos.1 and 2 had been to bar and restaurant of first informant, where after purchase of alcohol bottles, accused Nos.1 and 2 tendered three currency notes of Rs.500-00, which were appears to be fake. On being enquiry, accused Nos.1 and 2 did not answer properly and they tried to escape from the spot. Learned counsel for the petitioner contended that accused Nos.1 and 2 are not habitual offenders. The CGP did not dispute this contention. Admittedly, alleged offences are - 5 - HC-KAR NC: 2025:KHC-D:7542 CRL.P No. 102021 of 2025 not punishable with death or imprisonment for life. The petitioner is in judicial custody since 02.05.2025. 8. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from the justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner-accused No.1 is ordered to be enlarged on bail in Crime No.94/2025 of Old Gangavathi Town Police Station for the offences punishable under Sections 179 and 180 of the BNS-2023, on he executing - 6 - HC-KAR NC: 2025:KHC-D:7542 CRL.P No. 102021 of 2025 personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioner shall appear before the Court regularly without fail; iii) The petitioner shall not involve himself in similar offences. iv) The petitioner shall mark his attendance on first Sunday of every month between 10 a.m. to 5 p.m. for a period of six months or till filing of the final report, whichever is earlier. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN , List No.: 1 Sl No.: 48