- 1 - HC-KAR NC: 2025:KHC-D:14577 CRL.P No. 104174 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104174 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MAHAVEER @ RAJU S/O. YALLAPPA WADDAR, AGE. 28 YEARS, OCC. PVT., R/O. CHINCHALI, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. SUNIL S/O. MAHADEV KUNDARGI, AGE. 38 YEARS, OCC. PVT., R/O. GHATAPRABHA, TQ. GOKAK, DIST. BELAGAVI-591218. …PETITIONERS (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHIKKODI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 TO THE PETITIONERS/ ACCUSED NO.3 AND 4 IN CHIKODI POLICE STATION IN CRIME NO.72/2025 FOR THE OFFENCE UNDER SECTION 310(2) OF BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, CHIKKODI IN CC NO.1199/2025, THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14577 CRL.P No. 104174 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 petitioners are arrayed as accused Nos.3 and 4 in Crime No.72/2025 registered by the respondent/Police for the offences punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; The case of the prosecution is that, on 26.04.2025 around about 2:50 pm, near Umrani Ghat at Chikodi when the first informant was returning in his TATA Canter bearing No.KA-22/D-1179 along with an amount of ₹1,90,000/- which was received from the sale of groundnuts at Sangli Desai shop. Some unknown persons followed his vehicle on the motorcycle and intercepted the vehicle under the guise that they got information that Ganja was being smuggled in the Canter vehicle. They insisted the complainant to check 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14577 CRL.P No. 104174 of 2025 the vehicle. One of them got into the Canter and snatched the mobile phone and cash of ₹1,90,000/- from the complainant and went towards Chikodi. After the incident, a complaint came to be registered by the complainant. The respondent/Police conducted the investigation and submitted the charge-sheet. It is the submission of the learned counsel for the petitioners that the co-ordinate Bench of this Court granted bail in respect of accused Nos.2, 5 and 6. Hence, he may be enlarged on bail on parity. Making such submissions, he prays to allow the petition. 3. Per contra, the learned High Court Government Pleader vehemently submitted that though, the petitioners who have been enlarged on bail are standing on different footing. However, one of the petitioners is having antecedents. It is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 4. Having heard the learned counsel for the respective parties and also perused the facts of the case, - 4 - HC-KAR NC: 2025:KHC-D:14577 CRL.P No. 104174 of 2025 the co-ordinate Bench of this Court granted bail to the accused Nos.2, 5 and 6 on the ground that the Investigating Officer has not conducted the identification parade and not identified the accused at the instance of the complaint. 5. Be that as it may, the petitioners who are arrayed as accused Nos.3 and 4 are also standing on the same footing as that of the other accused. Therefore, it is appropriate to extend the benefit of the bail granted to the other accused. 6. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.72/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] each with 1 surety for - 5 - HC-KAR NC: 2025:KHC-D:14577 CRL.P No. 104174 of 2025 likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioners shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioners shall not threaten the prosecution witnesses. c) The petitioners shall appear before the Trial Court on all hearing dates. In case, if the petitioners violate 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.: 1 Sl No.: 60