- 1 - NC: 2025:KHC-D:500 CRL.P No. 103225 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103225 OF 2024 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SHYMA S/O. YAMANAPPA RATNAKAR AGE. 32 YEARS, OCC. COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA-599102. 2. SHRIDHAR S/O. SUBHAS MADAR SHRIDHAR @ HUCHCHAPPA S/O. SUBHAS MADAR (NAME AS PER RAMAND YADI), AGE. 26 YEARS, OCC. COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA-599102. 3. SURESH S/O. SUBHAS MADAR AGE. 21 YEARS, OCC. COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA-599102. 4. SUNIL S/O. SIDDAPPA MADAR AGE. 19 YEARS, OCC. COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA-599102. 5. RAHUL S/O. SIDDAPPA MADAR AGE. 18 YEARS, OCC. COOLIE, R/O. HITTINAHALLI VILLAGE, TQ. VIJAYAPURA, DIST. VIJAYAPURA-599102. …PETITIONERS (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BAGALKOT RURAL PS., BAGALKOT, R/BY ITS STATE PUBLIC PROSECUTOR, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:34 +0530 - 2 - NC: 2025:KHC-D:500 CRL.P No. 103225 of 2024 HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.1 TO 5 /PETITIONERS ON ANTICIPATORY BAIL CRIME NO.118/2024 REGISTERED BY THE BAGALKOT RURAL P.S. BAGALKOT OFFENCES PUNISHABLE U/S 303(1), 318 OF THE BNSS, 2023 PENDING ON THE FILE 1ST ADDL.CIVIL JUDGE (SR.DN) AND JMFC COURT, BAGALKOT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 1 to 5, who are facing investigation for offences punishable under Sections 303(1) and 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS 2023), are before this Court under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023, seeking enlargement on anticipatory bail. 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader (HCGP) for the respondent/State. - 3 - NC: 2025:KHC-D:500 CRL.P No. 103225 of 2024 3. A complaint was filed alleging that on 4.8.2024, at around 11:15 p.m., the informant, along with his wife and children, was traveling from Bagalkot to Shiruru. At that time, six persons aged between 30 to 33 years wrongfully restrained the informant by posing as police officials. They questioned him about why he was traveling at odd hours and informed him that there was a possibility of a gang of thieves attacking them at night. The accused further claimed that they would drop the informant off safely and asked him to get inside their vehicle. The informant, along with his family, proceeded in the vehicle with the accused. After traveling a short distance, the accused demanded cash, mobile phones, and valuables, promising to return them at Shiruru. The accused then asked the informant to transfer to a two-wheeler they had brought and fled the scene, taking gold and silver ornaments worth Rs. 87,900/-. 4. The petitioners have been implicated solely based on their confession statements made in Crime No. 118/2024 on 5.9.2024. The police have completed the investigation and recovered part of the stolen ornaments. Therefore, the petitioners are not required for further interrogation in police custody. In light of these circumstances, the petitioners have made a prima facie case for enlargement on anticipatory bail. - 4 - NC: 2025:KHC-D:500 CRL.P No. 103225 of 2024 5. Accordingly, the petition is allowed. The petitioners/accused Nos.1 to 5 are enlarged on anticipatory bail in the event of their arrest in Crime No.115/2024, registered by Bagalakot Rural Police Station, subject to following conditions: i. Petitioners/accused Nos.1 to 5 shall furnish their indemnity bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. They shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety. iii. They shall make themselves available for the purpose of investigation as and when required and they shall co-operate with the investigation. iv. They shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address. - 5 - NC: 2025:KHC-D:500 CRL.P No. 103225 of 2024 v. They shall mark their attendance at the jurisdictional Police station on 15th of every month till completion of investigation. vi. They shall not tamper with the prosecution witnesses either directly or indirectly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 5