- 1 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 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. 102517 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: JAFAR SADIQ S/O. JABIULLA MISKIN, AGE: 25 YEARS, OCC: COOLIE WORK, R/O. ISLAMPURA ONI, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SHRI K. H. BAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, DHARWAD BENCH, DHARWAD-580011, THROUGH RANEBENNUR TOWN POLICE STATION, RANEBENNUR. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO THE PETITIONER/ACCUSED NO.4 MAY BE ENLARGED ON BAIL IN RANEBENNUR TOWN P.S. CRIME NO.139/2025 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC RANEBENNUR FOR THE OFFENCE UNDER SECTIONS 310(4) AND 310(5) OF BNS ACT, BY ALLOWING THIS CRIMINAL PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FURTHER HEARING, 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:9038 CRL.P No. 102517 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. K.H. Bagi, learned counsel for the petitioner and Smt. Kirtilata Patil, learned HCGP for the respondent – State. 2. This petition is filed by the petitioner/accused No.4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of the Code of Criminal Procedure Code, 1973), seeking to enlarge him on bail in connection with Crime No.139 of 2025 of Ranebennur Town Circle Police registered for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'). 3. The brief facts of the prosecution case are that on 04.06.2025 at 12.05 a.m. (midnight), when the complainant was on patrolling duty, he received credible information that five to six persons are preparing to commit dacoity under the bridge, TV Road bypass, Ranebennur, and therefore, the complainant secured his staff, panchas and conducted raid. - 3 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 of 2025 The complainant and his staff apprehended all the accused persons, conducted mahazar and seized incriminating material, such as, chilli powder, small light, rope, and a car from the possession of apprehended accused persons. Hence, he lodged the complaint against the petitioner and others for the aforesaid offences. During the course of investigation, the petitioner was remanded to judicial custody. 4. Learned counsel for the petitioner has contended that the petitioner is innocent, he has not committed any offences and he has been falsely implicated in the case. This Court has granted bail to accused No.5 in Criminal Petition No.102620/2025, dated 16.07.2025. The allegations made against accused No.5 and the present petitioner – accused No.4 are identical. The petitioner is a law abiding citizen and is ready and willing to abide by any of the conditions to be imposed by this Court. Hence, he prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader has contended that there are sufficient materials - 4 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 of 2025 collected by the Investigating Officer to show the involvement of the petitioner in the alleged crime. If the petitioner is released on bail, there is likelihood of tampering with the prosecution witnesses and committing similar offences. Hence, he prayed for rejecting the petition. 6. On perusal of the material available on record, it appears that the complainant conducted raid on the petitioner and other accused persons, and seized chilli powder, small knife, rope and a car, as the petitioner and other accused persons were preparing to commit dacoity on road. Merely assembling of the accused persons and recovery of weapons from their possession does not constitute the offences under Sections 310(4) and 310(5) of the BNS, 2023, unless it is evident that they are planning to commit dacoity. This Court had already granted bail in favour of accused No.5 in Criminal Petition No.102620/2025 and the petitioner – accused No.4 also stands on the same footing. Hence, on the ground of parity, this petitioner – accused No.4 is also entitled for bail. - 5 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 of 2025 7. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood of he fleeing away from the justice, repeating same offences, tampering with witnesses, character and antecedents of the accused. Learned High Court Government Pleader has not disputed the fact that the petitioner is not habitual offender. On careful perusal of the material on record, more particularly, seizure mahazar and First Information Report, the raiding party conducted seizure mahazar first and thereafter, registered the case against the petitioner which is against the principles laid down by the Supreme Court in the case of Lalita Kumari v. Govt. of U.P. and Others reported in AIR 2014 SC 187. When the registration of the First Information Report itself is void ab initio, the subsequent proceedings conducted by the Investigating Officer are invalid. Hence, the petitioner/accused No.4 is entitled for bail. Thus, the Court proceeds to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 of 2025 ORDER Criminal petition is allowed. The trial Court is directed to release the petitioner/accused No.4 in Crime No.139 of 2025 of Ranebennur Town Circle Police registered for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likes um to the satisfaction of the jurisdictional Court; ii) Petitioner shall not threaten or tamper with the prosecution witnesses directly or indirectly; iii) Petitioner shall co-operate with the Investigating Officer, until completion of the investigation; iv) Petitioner shall not involve in similar offences in future, and - 7 - HC-KAR NC: 2025:KHC-D:9038 CRL.P No. 102517 of 2025 v) Petitioner shall mark his attendance before the respondent-Police, viz., Investigating Officer/Station House Officer once in every fortnight i.e., on first and fifteenth of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of final report, whichever is earlier. Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail. It is made clear that the above observations made herein are only for disposal of the present petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 1