- 1 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104352 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SHRI. VIRESH S/O. VIRUPANGOUDA, AGE. 49 YEARS, OCC. DRIVER, R/O. 20, MAIN ROAD NEAR PAMPAPATHI TEMPLE GUDIHAL, TQ. AND DIST. RAICHUR, P.C-584125. 2. SHRI. ATIQ AHAMAD S/O. SHAFI AHAMAD, AGE. 33 YEARS, OCC. MEAT SHOP, R/O. HOSALLI ROAD, MAGADI WARD NO.16, OLD MASJID MOHALLA, MAGADI, DIST. RAM NAGAR, P.C-562120. …PETITIONERSS (BY SRI. MAHESH KOUJALAGI, ADVOCATE) AND: STATE OF KARNATAKA, BY DHARWAD RURAL P.S. RPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, HIGH COURT COMPLEX, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONERSS-ACCUSED NO.6 AND 12 ON REGULAR BAIL IN DHARWAD RURAL P.S. CRIME NO.177/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(5), 62(1), 333 OF B.N.S., SECTION 42(3)(A) OF TELECOMMUNICATIONS ACT, 2023 AND UNDER SECTION 25(1-B) OF ARMS ACT PENDING ON THE FILE OF IVTH ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., DHARWAD IN THE INTEREST OF JUSTICE AN EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners/accused Nos.6 and 12 is before this Court, seeking bail in Crime No.177/2025 of respondent-police pending on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad. 2. The complainant has lodged a complainant stating that he was the resident of Mamata Farm House, Daddi Kamalapur and he was working as a coolie in the said farm house and living along with other inmates. 3. On 12.08.2025 around about 09.30 p.m. when they were sleeping in the farm house along with others, around about 01.30 a.m. some unknown persons trespassed into the farm house and stolen the mobile phones by applying the adhesive tape on the mouth of the complainant and another. After the incident they fled away from the spot. - 3 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 4. On the following day around about 14.30 hours, he lodged a complaint before Dharwad Rural Police. The respondent-police after registering the case, conducted investigation. During investigation the name of the petitioners has been unfolded on record as disclosed by the co-accused. Therefore, the petitioners are before this Court seeking for regular bail. 5. Heard Sri. Mahesh Koujalagi, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent – State. 6. The submission of the learned counsel for the petitioners/accused Nos.6 and 12 is that, they have been falsely implicated in this case at the instance of the complainant. No identification parade has conducted to identify the petitioners and nothing has been recovered at their instance. 7. Even though, it is alleged that two mobile phones were stolen, the said mobile phones were allegedly recovered from accused No.1. - 4 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 8. It is further submitted that the petitioners are the earning members of the family they will abide the conditions imposed by this Court in the event of their release on bail. 9. Per contra, learned High Court Government Pleader vehemently submitted that accused No.1 and others trespassed into the farm house where the complainant and others were sleeping and snatched the mobile phones by applying the adhesive tapes on the mouth of the complainant and others. In fact, the said mobile phones have been recovered at the instance of accused No.1. The petitioners are the associates of accused No.1, therefore, it is not appropriate to grant them bail. 10. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the record would indicate that, the incident allegedly took place at about 01.30 a.m., on 13.08.2025. The complainant has not identified the presence of the petitioners at the spot. When the presence of the accused persons/petitioners at the spot is an ambiguity, it is - 5 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 appropriate to grant them bail by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioners who are accused Nos.6 and 12 are ordered to be enlarged on bail in Crime No.177/2025, of respondent- police, on executing personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) with one surety to the satisfaction of the Trial Court. iii) The petitioners shall appear before the Trial Court on all hearing dates, without fail. iv) The petitioners shall not threaten the prosecution witnesses. v) The petitioners shall not commit similar or any other criminal offences till disposal of the case. - 6 - HC-KAR NC: 2025:KHC-D:14942 CRL.P No. 104352 of 2025 vi) The petitioners shall furnish their current and permanent address proof before the respondent police within a period of one month from today. In case, if the petitioners violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK/CT: UMD List No.: 2 Sl No.: 28