- 1 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104370 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI SADDAM RASHID PATHAN, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, R/O. “NAGINA MANZIL”, BHAIRAVANATH CHOWK, GOLI GALLI, AT SHRIGONDA, TQ. SHRIGONDA, DT. AHILYANAGAR, (AHMEDBAD) MAHARASTRA. …PETITIONER (BY SRI. ASHOK R.KALYANSHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA RAIBAG PS BY IT’S STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT PREMISES, DHARWAD-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE HIM ON REGULAR BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN RAIBAG PS CR.NO.146/2025 (C C NO.4591/2025 PRL. CIVIL JUDGE AND JMFC RAIBAG) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(2) AND 317(3) OF BNS 2023 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 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/accused No.17 is before this Court seeking for grant of regular bail in Crime No.146/2025 of respondent-police for the offence under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, on 06.05.2025 around about 12.30 in the mid night the accused in furtherance of common intention to make a money, they followed the goods vehicle bearing its No.KA- 23/B-5842 which was been driven by the complainant on loading the Gutkha Pan Masala and Tobacco bags. The petitioner and others over took the vehicle and intercepted it by stating that, they were the police officials and they wanted to conduct search the vehicle as they got the - 3 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 of 2025 information that, the said vehicle was carrying the Goa liquor. In the name of conducting search and seizure, they committed dacoity of the goods contained in the said vehicle worth of Rs.9,30,000/-. The complainant ahs lodged the complaint after the incident. 3. The respondent-police after conducting investigation and submitted the charge sheet. 4. Heard Sri. Ashok R. Kalyanshetty, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is arrayed accused No.17. The complaint was lodged and FIR was registered against 10-12 unknown persons. Subsequently, the name of this petitioner was included in the remand application on the strength of the voluntary statement of the co-accused. Nothing is recovered at his instance. There is no evidence to show that, the petitioner/accused No.17 was present along - 4 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 of 2025 with the other accused. Under such circumstances, it is appropriate to grant him bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner being one of the accused had committed heinous offence. In fact, he along with others committed dacoity on the highway. If the petitioner is enlarged on bail, there may be chances of committing similar offences. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the petitioner and others stated to have committed dacoity on the pretext that, they were the police officials and wanted to conduct search as they got information that, Goa liquor was being transported in the said goods vehicle. The charge sheet papers would indicate that, the Investigating Officer has not - 5 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 of 2025 conducted identification parade to demonstrate that, the present petitioner was also present as a part of the team. 8. Having considered the facts and circumstances of the case, without adverting to the merits of the case, it is appropriate to grant bail as prayed for. 9. 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.146/2025 of respondent-police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 6 - HC-KAR NC: 2025:KHC-D:18065 CRL.P No. 104370 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) 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 SMM/CT: UMD List No.: 2 Sl No.: 75