SHRIKANT S/O ARAVIND KOLEKAR v. THE STATE OF KARNATAKA
CRL.P/103538/2025 · 2025-11-28
S Rachaiah
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61649 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61649 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16691 CRL.P No. 103538 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103538 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN:
SHRIKANT S/O. ARAVIND KOLEKAR, AGE. 25 YEARS, OCC. COOLIE, R/O. HARALE VASTI, METHVADE, SOLAPUR, ASLO AT. DUDHEBHAVI, TAL. KAVETEMAHANKAL, DIST. SANGLI, MAHARASHTRA, PIN CODE-416406.
…PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA, THROUGH BAILHONGAL, POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAK, DHARWAD BENCH, DHARWAD.
…RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT REGULAR BAIL IN BAILHONGAL POLICE STATION IN CRIME NO.85/22 DATED 10/04/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 395, 120B OF IPC AND UNDER SECTION 25(A) OF ARMS ACT, THE PETITIONER NO.1/ACCUSE NO.1 ON THE FILE OF IV ADDL.
DIST. AND SESSIONS JUDGE IN SC NO.197/2022 BELAGAVI AND ETC.,.
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:16691 CRL.P No. 103538 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. This is the successive bail application filed by the petitioner/accused No.1 seeking for grant of regular bail in Crime No.85/2022 of respondent-police for the offences under Sections 395, 120B of the Indian Penal Code, 1860 and Section 25(A) of the Indian Arms Act.
Brief facts of the case:
2. The case of the prosecution is that, the informant is the resident of Atpadi Taluk, Sangli district, State Maharashtra. He is a jeweller by profession having Laxmi Gold Jewellery Shop in Kolahapur as well as in Talaseri, State-Kerala.
3. On 07.04.2022 when the first informant was in Telaseri, Kerala State he telephoned his manager working in Kolhapur and asked him to send cash. Accordingly, a sum of Rs.4,97,30,000/- was loaded in Bolero Pickup Goods
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HC-KAR NC: 2025:KHC-D:16691 CRL.P No. 103538 of 2025
vehicle bearing its No.KA-22/D-2333 on 08.04.2022 at about 7.40 a.m. and the driver CW16-Sachin Banudasa and cleaner CW15-Mahadev Ramachandra Banasode left Kolahapur to proceed towards Kerala through Belagavi – Hirebagewadi road. When the vehicle was proceeding on Gaddikarvinkoppa - M. K. Hubballi road, accused Nos.1, 3 to 6 who had hatched a conspiracy with accused No.2 was working under the complainant in order to commit dacoity, followed the said vehicle in their Ertiga vehicle bearing No.MH-14/EP-0297 fixing a fake number plate to the said vehicle as KA-28/P-6432 and intercepted the Bolero vehicle. Further, by pointing out a pistol on the driver and threatening him to stop the vehicle. However, the driver of the vehicle has managed to move further, in the meantime, the accused had managed to overtake the vehicle and stopped the Bolero vehicle and committed dacoity.
4. A case came to be registered against unknown persons. The respondent-police after registering the case, conducted investigation and submitted the charge sheet.
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HC-KAR NC: 2025:KHC-D:16691 CRL.P No. 103538 of 2025
5. Heard Sri. Mahantesh S. Hiremath, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State.
6. It is the submission of the learned counsel for the petitioner that, the petitioner is in judicial custody since
10.04.2022. No progress in the case. The prosecution has not yet proceeded with the trial. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions, he will by same in the event of his release on bail. Making such
submissions, learned counsel for the petitioner prays to allow the petition.
7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that this is second successive bail application. The merits of the case have already been considered and it was rejected. As there is no changed circumstances, the petition may be rejected, is the contention of the learned High Court Government Pleader.
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HC-KAR NC: 2025:KHC-D:16691 CRL.P No. 103538 of 2025
8. Having heard the learned counsel for the respective parties and on perusal of the averments of the petition filed by the petitioner, the same facts have already been dealt with by the Co-Ordinate Bench of this Court and it was rejected. No changed circumstances are put forth by the petitioner to consider the bail application. Hence, it is appropriate to reject the bail.
9. Accordingly, the petition stands dismissed.
Sd/- (S.RACHAIAH) JUDGE
SMM/CT: UMD List No.: 1 Sl No.: 12