- 1 - HC-KAR NC: 2025:KHC-D:16488 CRL.P No. 104233 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104233 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: NILESH S/O. BHARAT DESAI, AGE. 38 YEARS, OCC. PRIVATE JOB (DIWANAJI), R/O. JAWAHAR NAGAR, INDIRA COLONY, SWAMI APARTMENT, OPP. INCHALAKARANJI, TQ. HATAKANGALA, DIST. KOLHAPUR. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BASAVESHWAR CHOWK POLICE STATION, NIPPANI, TQ. NIPANI, BELAGAVI DIST., THROUGH ITS STATION HOUSE OFFICER, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT O F KARNATAKA, DHARWAD BENCH, 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, GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.55/2025 OF BASAVESHWAR CHOWK POLICE STATION NIPPANI, TQ. NIPPANI, DIST. BELAGAVI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 21(1A) AND 29(A) OF THE ARMS ACT, 1959, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT NIPPANI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16488 CRL.P No. 104233 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 petitioner who is arrayed as accused No.1 is before this Court seeking for grant of regular bail in Crime No.55/2025 of respondent/Police for the offence punishable under Sections 25(1)(A) and 29(A) of the Arms Act, 1959. Brief facts of the case: 2. The case of the prosecution is that, on 25.08.2025 around 6:55 PM, the complainant had received a credible information that accused No.1-petitioner has possessed a country made pistol. On the said instruction, the complainant went along with the staff and apprehended the petitioner and seized the said country made pistol. Based on the complaint, the respondent/Police have registered a case and filed FIR. The investigation is under progress. - 3 - HC-KAR NC: 2025:KHC-D:16488 CRL.P No. 104233 of 2025 3. Heard Sri.Shivaraj S.Balloli, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent/State. 4. It is the submission of the learned counsel for the petitioner that, FIR was registered around 9:10 PM, however, prior to that, they conducted the search and seizure which is contrary to the settled principles of law. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions, he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the accused No.1 had possessed country made pistol without having licence. Therefore, it is not appropriate to release the petitioner on bail. If the petitioner is enlarged on bail, there may be chances of him involving in criminal cases. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. - 4 - HC-KAR NC: 2025:KHC-D:16488 CRL.P No. 104233 of 2025 6. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the complainant had received an information that, petitioner had possessed a pistol on 25.08.2025 around about 6:00 PM, however, a complaint came to be registered on the same day at 9:10 PM. 7. Without adverting to the merits of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.55/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to the following conditions; - 5 - HC-KAR NC: 2025:KHC-D:16488 CRL.P No. 104233 of 2025 (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner 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 PJ/CT: UMD List No.: 1 Sl No.: 15