- 1 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104189 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. ASLAM @ ASALAM KHAN S/O. MITHORI, AGE. 50 YEARS, OCC. FRUIT MERCHANT, R/O. WARD NO.8, KAKARALA VILLAGE, TQ. DHATTAGANJ, DIST. BADAYU, STATE. UTTARA PRADESH-243637. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH BEVOOR POLICE STATION), R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL WHO IS ARRAYED AS ACCUSED NO.3, IN C.C. NO.306/2021, PENDING ON THE FILE PRINCIPAL CIVIL JUDGE AND JMFC, YELBURGA, IN CONNECTION WITH BEVOOR P.S. CRIME NO.78/2020, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 457, 458, 380, 382, 201, 120B OF IPC AND SECTION 25(1A) OF INDIAN ARMS ACT, TO MEET THE ENDS OF JUSTICE AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 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) The petitioner is before this Court seeking to enlarge him on bail in Crime No.78/2020 for the offences punishable under Sections 457, 458, 380, 382, 201 and 120B of Indian Penal Code, 18601 and Section 25(1A) of Arms Act, 1959. 2. Factual matrix of the case; The case of the prosecution is that accused No.1 with an intention to commit robbery, asked the accused Nos.2 to 7 to come to Karnataka from Uttar Pradesh and joined the hands with other accused and went to Karnataka Gramina Bank situated at Bevoor. They used the Gas cutter and also deadly weapons and committed theft of gold ornaments and cash of Rs.21,75,572/-. After committing the theft, they 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 of 2025 shared the gold and cash among themselves and flood away from the spot. 3. The respondent/Police registered a case and conducted the investigation. During the investigation, they secured accused Nos.10 and 11 and on their voluntary statements, they arrested all the accused in this case and submitted the charge-sheet. 4. Learned counsel for the petitioner submitted that, the petitioner is falsely implicated in this case on the basis of the voluntary statement of the accused No.1. Though, he is having two cases which are pending before the different Police Station, the fact remain that he has been enlarged on bail in both the cases and he is regularly appearing before the said Courts. 5. It is further submitted that, in case if the petitioner is enlarged on bail, he will abide the conditions imposed by this Court. Moreover, the offences leveled against him are neither punishable with death nor - 4 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 of 2025 imprisonment of life, therefore, he may be enlarged on bail. Making such submissions he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader submitted that, the petitioner is having two more cases of similar nature and they are pending before the different Courts. Though, he has been implicated on the basis of voluntary statement of the accused No.1, his presence has been proved along with the other accused. The trial of the case is almost completed and at this stage, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge-sheet, it appears from the record that, the theft of gold and cash at Bevoor village by using Gas cutter and deadly weapons like Talwar and also pistol etc. It is noticed that, the amount and gold were recovered at the instance of accused Nos.1 and 10, they have been enlarged on bail by - 5 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 of 2025 this Court. Accused Nos.8 and 9 have also obtained bail by the Trial Court. The learned counsel for the appellant made available the medical report issued by the jail authority that the petitioner is suffering from heart disease and he need to contact Cardiologist for treatment. Having considered the facts and circumstances of the case and also perused the materials available on record, it is appropriate to grant bail. 8. Accordingly, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.78/2020 of respondent/Police on executing personal bond for a sum of Rs.2,00,000/- [Rupees Two Lakhs only] with 1 surety for likesum to the - 6 - HC-KAR NC: 2025:KHC-D:14710 CRL.P No. 104189 of 2025 satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. In case, if the petitioner violates any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 12