- 1 - HC-KAR NC: 2025:KHC-D:10577 CRL.P No. 102974 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102974 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: IRAYYA S/O SATAYYA HIREMATH, AGED ABOUT 32 YEARS, OCC. AGRICULTURE, R/O. KERUR, TQ. CHIKODI, PIN-591 213. … PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: THE STATE OF KARNATAKA, HARUGERI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO RELEASE THE PETITIONER I.E., ACCUSED NO.3 ON ANTICIPATORY BAIL IN CRIME NO.160/2022 DATED 09.09.2022 OF HARUGERI POLICE STATION UNDER OFFENCES PUNISHABLE ACCORDING TO FIR UNDER SECTIONS 452, 392, 323, 506, 504, R/W SECTION 34 OF I.P.C. AND AFTER FILED THE CHARGE SHEET FOR THE OFFENCES PUNISHABLE UNDER SECTION 395 OF IPC PENDING ON THE FILE OF BEFORE PRL. JMFC, RAIBAG IN C.C. NO.2884/2024, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS 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:10577 CRL.P No. 102974 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 is before this Court under Section 482 of BNSS, 2023 read with Section 438 of Cr.P.C. with a prayer to grant anticipatory bail in Crime No.160 of 2022 registered by Harugeri Police Station, Belagavi District for offences punishable under Sections 452, 392, 323, 506, 504 read with Section 34 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that investigation of the case is already completed and charge sheet has been filed and therefore, petitioner's custody is not required. Petitioner is ready and willing to co-operate with the Trial Court. In other criminal cases registered against the petitioner, he has been enlarged on bail. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that petitioner is a person with criminal antecedents and as many as six other criminal cases are registered against him for similar offences. He has absconded - 3 - HC-KAR NC: 2025:KHC-D:10577 CRL.P No. 102974 of 2025 for the last about three years and therefore, he is not entitled for the discretionary relief of anticipatory bail. 5. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons initially for offences punishable under Sections 452, 392, 323, 506, 504 read with Section 34 of IPC. During the course of investigation, some of the accused were arrested in the present case and after completing investigation, charge sheet has been filed against seven persons. Petitioner is arrayed as accused No.3 in the charge sheet and in the charge sheet, he is shown as absconding. It is not in dispute that as against the petitioner as many as six other criminal cases are registered and pending against him. 6. Learned HCGP has submitted that from the accused who was arrested in the present case, there has been recovery and since the petitioner was absconding, the recovery has remained incomplete. 7. Considering the aforesaid aspects of the matter and also having regard to the conduct of the petitioner who has been absconding and trying to flee away from justice, I am of - 4 - HC-KAR NC: 2025:KHC-D:10577 CRL.P No. 102974 of 2025 the opinion that the prayer made by him for grant of anticipatory bail is liable to be dismissed. Accordingly, the following: ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 111