- 1 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104028 OF 2025 (439(CR.PC)/483(BNSS)) C/W CRIMINAL PETITION NO.104048 OF 2025 CRIMINAL PETITION NO.104071 OF 2025 IN CRL. PETITION NO.104028 OF 2025 BETWEEN: GADILINGAPPA @ N. GADILINGAPPA S/O. MUKKANNA @ N. MUKKANNA NARASAPPANAVAR, AGE. 34 YEARS, OCC. DRIVER, R/O. 2ND WARD, BARKER ONI, SIRIWARA, KAPPAGAL, BALLARI-583103. …PETITIONER (BY SRI M.A.PATHAN AND SRI A.M.SHALIBAN, ADVOCATES.) AND: THE STATE OF KARNATAKA (P.S.I. OF DHARWAD RURAL POLICE STATION) BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT BENCH PREMISES, DHARWAD-580001. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973, (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO GRANT REGULAR BAIL TO THE ABOVE PETITIONER/ACCUSED NO.15 IN DHARWAD RURAL POLICE STATION CRIME NO.177/2025 DATED 13/08/2025 PENDING BEFORE THE IV ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C. COURT, DHARWAD, FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BHARATIYA NYAYA SANHITA, 2023, SECTION 42(3)(A) OF TELECOMMUNICATION ACT, 2023 AND UNDER SECTION 25(1B) OF ARMS ACT, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. PETITION NO.104048 OF 2025 BETWEEN: SHRI K. MAHABOOBBASHAH S/O SHAIKH MOULALI, AGE. 34 YEARS, OCCUPATION. COAL TRADING, R/O. JHAGRUTHI NAGAR, KOUL BAZAR 3RD CROSS, BALLARY, TQ. DIST. BALLARY, PIN-583101. …PETITIONER (BY SRI T.R. PATIL, ADVOCATE.) AND: THE STATE OF KARNATAKA, DHARWAD RURAL P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD-580011. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO RELEASE HIM ON BAIL IN DHARWAD RURAL P.S. - 3 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 CRIME NO.177/2025, PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(5), 61(1), 333 OF BHARATIYA NYAYA SANHITA, 2023 AND 42(3)(A) OF THE TELECOMMUNICATIONS ACT AND 25(1)(B) ARMS ACT, IN THE INTEREST OF JUSTICE. IN CRL. PETITION NO.104071 OF 2025 BETWEEN: MURTHY NAYAK M @ MURTHYNAIK @ MARUTI S/O. MANJANAIK, AGE. 40 YEARS, OCC. DRIVER, R/O. HIRIYUR ROAD, BEHIND MEEN MARKET GANDHI NAGAR, HOSADURGA, CHITRADURGA-577527. …PETITIONER (BY SRI SAIYAD D.MULLA, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH THE DHARWAD RURAL POLICE STATION, DHARWAD REP. BY H.C.G.P., HIGH COURT BUILDING BENCH, DHARWAD-580011. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER-ACCUSED NO.8 ON REGULAR BAIL IN DHARWAD RURAL P.S. CRIME NO.177/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 310(2) OF BHARATIYA NYAYA SANHITA, 2023, SECTION 42(3)(A) OF TELECOMMUNICATIONS - 4 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 ACT, 2023 AND UNDER SECTION 25(1-B) OF ARMS ACT PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, IN THE INTEREST OF JUSTICE. THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Heard the learned counsels for the respective parties and perused the material placed before the Court. 2. The petitioners are before this Court, who are arraigned as accused Nos.15, 4 and, respectively, seeking regular bail in Dharwad Rural P.S. Crime No.177/2025, pending on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad. 3. The complaint came to be lodged by the complainant namely, Kannappa S/o.Laxman Jadli, stating that he was the resident of Mamata Farm House, Daddi Kamalapur. He was working as a coolie in the said farm house living along with other inmates. On 12.08.2025 around about 09.30 p.m. when they were sleeping in the - 5 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 farm house along with others, around about 01.30 a.m. some unknown persons trespassed into the farm house and applied the adhesive tape on the mouth of them and committed robbery and snatched the mobile phones of the complainant and another. Immediately after committing the said act, they fled away from the spot. On the following day around 14.30 hours, he lodged a complaint before Dharwad Rural Police. The respondent police after registering the case in Crime No.177/2025, conducted investigation. During investigation the names of these petitioners have been unfolded on record as disclosed by the co-accused. Therefore, they are before this Court seeking for regular bail. 4. The submissions of the learned counsel for the accused No.15 is that as per the averments of the complaint, only 8 to 10 members were present at the spot as stated by the complainant. However, this petitioner is arraigned as accused No.15. There is no overtact attributed - 6 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 against the petitioner in the complaint. His participation is doubtful. 5. It is further submitted that, he is aged about 34 years and working as a driver and permanent resident of Kappagal in Ballari Taluk and he will abide by the conditions imposed by this Court in the event of his release on bail. 6. As regards accused No.4 is concerned, learned counsel for accused No.4 contented that no identification parade has been conducted. The alleged incident had taken place during night hours. Hence, it is appropriate to grant him bail by imposing suitable conditions. 7. Similarly, as regards accused No.8 is concerned, it is submitted that, he has been falsely implicated in this case at the instance of the complainant. No identification parade has taken place to identify the petitioner. Nothing has been recovered at his instance. Even though, it is stated that two mobile phones have been robbed by accused No.1 and others, his involvement in the offence is - 7 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 doubtful, hence, he may be enlarged on bail by imposing suitable conditions. In fact, there are no antecedents against the petitioner and he is the only earning member of the family. 8. Per contra, learned HCGP vehemently opposed the submissions of the learned counsels appearing for the respective parties and also submitted that accused No.1 and others trespassed into the farm house where the complainant and others were sleeping and snatched the mobile phones by applying the adhesive tapes on the mouth of the complainant and others. In fact, the said mobile phones have been recovered at the instance of accused No.1. These petitioners have been implicated at his instance on his voluntary statement. Therefore, it is not appropriate to grant them bail. 9. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the record would indicate that, the incident - 8 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 allegedly took place at about 01.30 a.m. on 13.08.2025. So far the identification parade has not been conducted by the Investigating Officer, though, there are antecedents as against accused Nos.4 and 8, the fact remains that, they are on bail in those cases. Therefore, I am of the considered opinion that the petitioners are entitled for bail. Hence, I proceed to pass the following: ORDER i) All the three petitions are allowed. ii) The petitioners who are accused Nos.15, 4 and 8, respectively, are ordered to be enlarged on bail in Crime No.177/2025, of respondent police, on executing their personal bond for a sum of ₹1,00,000/- (One Lakh Rupees) each, with one surety each, to the satisfaction of the Trial Court. iii) The petitioners shall appear before the Court on all hearing dates without trial. - 9 - HC-KAR NC: 2025:KHC-D:13935 CRL.P No. 104028 of 2025 C/W CRL.P No. 104048 of 2025 CRL.P No. 104071 of 2025 iv) The petitioners shall not threaten the prosecution witnesses. v) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission. vi) The petitioners shall not commit similar or any other criminal offences till disposal of the case. vii) The petitioners shall furnish their current and permanent address proof before the respondent police within a period of one month from today. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 52