- 1 - HC-KAR NC: 2025:KHC-D:9010 CRL.P No. 102647 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102647 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. MANGILAL, S/O. KUSHALA RAM DEVASI, AGED ABOUT 38 YEARS, RESIDENT OF UMARALAI KHALSA, PACHPADRA BARMAR, RAJSTHAN-344027. 2. VISHANA RAM, S/O. KUSHALA RAM DEVASI, AGED ABOUT 28 YEARS, RESIDENT OF UMARALAI KHALSA, PACHPADRA BARMAR, RAJSTHAN-344027. …PETITIONERS (BY SHRI BYRESH GOWDA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH TOWN POLICE, HUBBALLI, PIN:580028, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/S.482 OF BNSS), SEEKING TO ALLOW THE PETITION AND TO GRANT ANTICIPATORY BAIL IN CRIME NO.78/2024, CHARGE-SHEETED IN C.C.NO.1696/2024, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(A) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT AND SECTIONS 318(4), 336(3), 340(2), 111(3), 316(4) OF BNS, 2023, PENDING ON THE FILE OF I COURT JMFC, HUBALI-DHARWAD DIRECTING THE RESPONDENT HUBBALLI TOWN POLICE TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IMPOSING ANY CONDITIONS TO MEET THE ENDS OF JUSTICE, FOR WHICH ACT OF KINDNESS, THE PETITIONERS SHALL FOREVER PRAY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9010 CRL.P No. 102647 of 2025 THIS PETITION IS COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Byresh Gowda., learned counsel for petitioners and Shri Jairam Sidde., learned High Court Government Pleader for respondent-State. 2. This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “The petitioners herewith named accused No.7 and 8 respectfully pray before this Honourable court to be pleased to allow the petition and be pleased to grant anticipatory bail in Crime No.78/2024, charge sheeted in C.C.No.1696/2024, registered for offences punishable under Sections 20(b) (ii) (A) of Narcotic Drugs and Psychotropic Substances Act and Sections 318(4), 336(3), 340(2), 111(3), 316(4) of BNS 2023, pending on the file of I Court, JMFC, Hubballi-Dharwad, directing the respondent Hubballi Town Police to release the petitioners in the event of their arrest imposing any conditions to meet the ends of justice, for which act of kindness, the petitioners shall forever pray.” - 3 - HC-KAR NC: 2025:KHC-D:9010 CRL.P No. 102647 of 2025 3. The petitioner is charge-sheeted for the offences under Sections 318(4), 336(3), 340(2), 111(3), 316(4) of BNS 2023 of Bharatiya Nyaya Sanhita (‘BNS’, for short) and Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act. 4. At the outset, Shri Byresh Gowda., learned counsel would contend that accused Nos.1, 3, 4 and 6 have been granted bail in the very same case by this Court and based on the voluntary statement given by accused No.1, present petitioners have been arraigned as accused Nos.7 and 8. The allegations against the present petitioners is that they were in the business of ‘Hawala’ in as much as their owner Mangilal would send a code on his mobile telephone and whoever approaches him with the said code, he used to pay the money that was mentioned in the message over the mobile telephone and thus, he was involved in ‘Hawala’ business and as such, present petitioners are entitled to be enlarged on bail. - 4 - HC-KAR NC: 2025:KHC-D:9010 CRL.P No. 102647 of 2025 5. Learned High Court Government Pleader for respondent – State did not dispute the fact of grant of bail to accused Nos.1, 3, 4 and 6. 6. Taking note of the attendant facts and circumstances of the case and also taking note of the fact that the charge-sheet is filed, on the ground of parity alone, the present petitioners are entitled to be enlarged on bail. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, following Order: ORDER (i) The petition is allowed. (ii) The petitioners/accused Nos.7 and 8 are ordered to be enlarged on anticipatory bail, in the event of their arrest by the respondent-police in Crime No.78/2024 on their execution of personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the - 5 - HC-KAR NC: 2025:KHC-D:9010 CRL.P No. 102647 of 2025 satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioners shall surrender themselves before the S.H.O/I.O within a period of 15 days from today and shall be released on bail; ii) The petitioners shall not threaten the prosecution witnesses directly or indirectly in any manner; iii) The petitioners shall be regular in attendance before the trial Court; iv) The petitioners shall not leave the jurisdiction of Dharwad District without prior permission; v) Violation of any of these conditions would entitle the prosecution to seek cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 7