- 1 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102270 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: ABDUL RAZAK @RAJESAB S/O IMAMSAB BEPARI, AGE: 52 YEARS, OCC: BUSINESS, R/O: GUTTUR YALLAMMANAGAR, TQ: HARIHAR, DIST: DAVANAGERE-577 601. … PETITIONER (BY SRI. HARSHAWARDHANA M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BYADAGI P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH-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 PETITIONER (ACCUSED NO.2) ON REGULAR BAIL IN BYADAGI PS CRIME NO.96/2025 FOR OFFENCES PUNISHABLE UNDER SECTIONS 310(4) AND 310(5) OF BNS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.96/2025 registered by Byadagi Police Station, Haveri for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023) is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.96/2025 was registered by Byadagi Police Station, Haveri for the aforesaid offences against the petitioner and others based on the first information dated 26.04.2025 received from N.K.Ninganhalli, Sub-Inspector of Police attached to Byadagi Police Station. During the course of investigation of the said case, petitioner was arrested on 26.04.2025 and subsequently remanded to judicial custody. His bail - 3 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 application filed before the Jurisdictional Sessions Court in Crl.Misc.No.311/2025 was rejected on 23.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that the petitioner has criminal antecedents and as many as 5 cases were earlier registered against him. Accordingly, she prays to dismiss the petition. 6. In the first information which is filed by the Sub-Inspector of Police attached to Byadagi Police Station, Haveri, it is stated that on the intervening night of 25.04.2025 and 26.04.2025 at about 11.45 p.m., he got credible information that about 5 persons armed with deadly weapons were preparing to commit dacoity. Immediately thereafter he went to the alleged spot along - 4 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 with his staff and managed to apprehend 2 persons out of the 5 persons who were present at the spot. The apprehended persons are arrayed as accused Nos.1 and 2 in the FIR. It is under these circumstances, FIR was registered against 5 persons. 7. Petitioner is in custody in the present case from 26.04.2025 onwards. The alleged offences are not punishable with death or life imprisonment. Though it is brought to the notice of this Court by the learned HCGP that the petitioner has criminal antecedents, the material on record would go to show that last criminal case was registered against the petitioner in the year 2011. The petitioner is in custody from 26.04.2025. Learned HCGP on instructions submits that charge sheet has been filed in the present case. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner is directed to be enlarged on bail in Crime No.96/2025 registered by Byadagi - 5 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 Police Station, Haveri for offences punishable under Sections 310(4) and 310(5) of BNS 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; b. 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; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. - 6 - HC-KAR NC: 2025:KHC-D:9441 CRL.P No. 102270 of 2025 e. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 18