- 1 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 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.104197 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. SAGAR S/O. KUMAR MALAGANVI, AGE. 20 YEARS, OCC. STUDENT, R/O. BASAVESHWAR NAGAR, MUDAGALGI, TQ. MUDALAGI, DIST. BELAGAVI-591312. …PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THE POLICE INSPECTOR RAIBAG POLICE STATION, DISTRICT. BELAGAVI, PIN-591317, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, PIN-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, ALLOWED AND THE PETITIONER/ACCUSED NO.8 MAY BE ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN RAIBAG P.S. CRIME. NO.146/2025 UNDER SECTIONS 310(2), 317(3) OF BNS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C COURT, RAIBAG FOR Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 of 2025 COMMITTAL IN C.C.NO.4591/2025, IN THE INTEREST OF JUSTICE AND EQUITY. 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.8 is before this Court seeking for grant of regular bail in Crime No.146/2025 of respondent-police for the offences 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 midnight the accused in furtherance of common intention to make money, they followed the goods vehicle bearing its No.KA-23-B-5842 which was been driven by the complainant on loading the Gutka 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 information that, - 3 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 of 2025 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 has lodged the complaint after the incident. 3. The respondent-police conducted investigation and submitted the charge sheet. 4. Heard Sri. S. M. Muchhandi, learned counsel for the petitioner and Sri. Jairam Siddi, 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 as accused No.8. The complaint was lodge and FIR was registered against 8- 10 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.8 was present along with the other accused. Under such circumstances, it is - 4 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 of 2025 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 No.1-State vehemently submitted that the petitioner being one of the accused had committed heinous offence. In fact, he along with others committed dacoity in the highway and in the complaint it is very clear that 8-10 members were gathered and intercepted the vehicle. The petitioner being accused No.8, his bail application has been rejected, as he was identified in the identification parade. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, it appears from the records 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 good vehicle. The charge sheet - 5 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 of 2025 papers would indicate that, the Investigating Officer has not conducted identification parade to demonstrate that, the present petitioner was also present as a part of the team. 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. 8. 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 for the offences under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2025:KHC-D:14624 CRL.P No. 104197 of 2025 (iii) 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 commit 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.: 1 Sl No.: 70