- 1 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104895 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RARDHEENKHAN @ FARDINKHAN S/O. JAFARULLAKHAN MUGHAL, AGE. 25 YEARS, OCC. BUSINESS, R/O. VARVADA, TQ. KUNJA, DIST. MEHSANA, STATE. GUJARAT, PIN-382 715. …PETITIONER (BY SRI. RAKESH S.HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ILKAL RURAL POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND ORDER TO RELEASE THE PETITIONER (ACCUSED NO.2) ON BAIL IN ILKAL RURAL P.S. CR.NO.110/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 127(2) AND 310(2) OF THE BNS 2023, PENDING BEFORE SENIOR CIVIL JUDGE AND JMFC, HUNGUND AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 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 is before this Court seeking for grant of regular bail in Crime No.110/2025 of respondent- police for the offences under Sections 115(2), 127(2) and 310(2) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the complainant is the resident of Surat, Gujarat residing along with his family. It is alleged that, the complainant owns a Hyundai Venue Motor Car bearing its registration No.MH- 47/BP-6942 had engaged two drivers and appointed one Mehul S/o. Suresh Mestri as a manager of his company. The complainant had maintained accounts at Axis Bank. It is stated that, he had withdrawn Rs.4,86,49,062/- out of which an amount of Rs.3,60,00,000/- was handed over - 3 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 about a week prior to 19.09.2025 to Deepak Kumar S/o. Ghanshyambhai Joshi, R/o. Solapur with an intention to commence business operation there. As the said business venture was getting delay, the complainant intending to expand its operations to Bengaluru and he was in search of a suitable premises. 3. It is further stated that, the complainant had instructed its manager to collect the amount from Joshi and transport the same to Bengaluru. The manager had appointed two drivers namely Gemarsingh and Vijayisi to transport the said amount. However, it is stated that the said amount was stolen by unknown persons by intercepting the vehicle. A complaint came to be registered by the manager on 29.09.2025 at about 3.00 p.m. A case came to be registered in Crime No.110/2025 for the offences under Sections 115(2), 127(2) and 310(2) of Bharatiya Nyaya Sanhita, 2023. - 4 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 4. On registering the case, the respondent-police have recovered an amount of Rs.14,80,000/- from accused No.1. Thereafter, the investigation is in progress. The petitioner is arrayed as accused No.2, he is the resident of Gujarat. 5. Heard Sri.Rakesh S.Hattikatagi, learned counsel for the petitioner and Sri.Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent- State. 6. It is the submission of the learned counsel for the petitioner that, the petitioner and others have stated to have committed decoity by intercepting the vehicle. He has been falsely implicated in this case. Though it is alleged that Rs.3,60,00,000/- was being transported in the car, only Rs.14,80,000/- has been recovered from accused No.1. 7. It is further submitted that no identification parade has been conducted to identify the petitioner. Nothing has been recovered from the petitioner. The - 5 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 petitioner will abide by the conditions imposed by this Court in the event of his release on bail. Hence, he may be enlarged on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner and others in furtherance of common intention, committed decoity of a sum of Rs.3,60,00,000/-. An amount of Rs.14,80,000/- was recovered from accused No.1. It is established that the petitioner and others have involved in the commission of the said decoity, therefore it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the complainant had lodged a complaint stating that amount of - 6 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 Rs.3,60,00,000/- was robed by the petitioner and others. However, no recovery has been effected from the petitioner. Having considered the facts and circumstances of the case, it is appropriate to grant him bail. It is needless to state that, bail cannot be denied on the ground that, petitioner/accused belongs to different state and there may be chances of absconding from the case. Under such circumstances, it is appropriate to impose certain conditions which meet the apprehension of the prosecution. 10. 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.110/2025 of respondent-police for offences under Sections 115(2), 127(2) and 310(2) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one - 7 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall mark his attendance before the respondent-police once in a month on Sunday between 10.00 a.m to 2.00 p.m. (iv) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) 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 - 8 - HC-KAR NC: 2025:KHC-D:18224 CRL.P No. 104895 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 19