- 1 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104892 OF 2025 (439(Cr.PC)/483(BNSS)) C/W CRIMINAL PETITION NO.104811 OF 2025 CRIMINAL PETITION NO.105154 OF 2025 IN CRIMINAL PETITION NO.104892 OF 2025 BETWEEN: DHANANJAY KUMAR @ ABHISHEK @ ABHI S/O. SANGMESH BENKATTI, AGE. 27 YEARS, OCC. AGRICULTURE WORK, R/AT. BEVINKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …PETITIONER (BY SRI. HIRANKUMAR PATEL, ADVOCATE FOR SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GOKUL ROAD POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER / ACCUSED NO.11 ON REGULAR BAIL AS ATTACHED IN GOKUL ROAD POLICE STATION CRIME NO.142/2025 FOR THE OFFENCE PUNISHABLE 115(2), 118(1), 352, 329(4), 308(2), 140(3), 310(2), 109, 3(5) OF BNS, 2023 AND 27(1) OF ARMS ACT WHICH IS PENDING ON THE FILE OF JMFC-III COURT, AT HUBBALLI. IN CRIMINAL PETITION NO.104811 OF 2025 BETWEEN: 1. MR. RUDRAPPA S/O. MARIYAPPA BHAJANTRI, AGE. 49 YEARS, OCC. MASON, R/O. SAMPAGANVI, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 2. MR. SHANKAR, S/O. BASAPPA HIREMETRI, AGE. 56 YEARS, OCC. MASON (GOUNDI), R/O. SAMPAGANVI, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 3. MR. CHANNAPPA S/O. ADIVEPPA MANNAWADDAR, AGE. 46 YEARS, OCC. MASON, (GOUNDI), R/O. SAMPAGANVI, TQ. BAILHONGAL, DIST. BELAGAVI-591125. 4. MR. SHEKAPPA S/O. SHETTEPPA KALLAWADDAR, AGE. 55 YEARS, OCC. MASON, (GOUNDI), - 3 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 R/O. SAMPAGANVI, TQ. BAILHONGAL, DIST. BELAGAVI- 591125. 5. MR. BHIMAPPA S/O. SIDDAPPA KALLAWADDAR, AGE. 56 YEARS, OCC. MASON, (GOUNDI), R/O. SAMPAGANVI, TQ. BAILHONGAL, DIST. BELAGAVI-591125. …PETITIONERS (BY SRI. ULLAS U.DODDAMANI, ADVOCATE) AND: STATE OF KARNATAKA, GOKUL ROAD P.S. HUBBALLI, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. …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, THAT THE PETITION MAY BE ALLOWED AND THE PETITIONERS/A4, 5, 8 TO 10 MAY BE RELEASED ON REGULAR BAIL, IN GOKUL ROAD PS CRIME NO.142/2025 PENDING BEFORE THE III J.M.F.C. COURT, HUBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 352, 329(4), 308(2), 140(3) R/W 3(5) OF BNS. - 4 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 IN CRIMINAL PETITION NO.105154 OF 2025 BETWEEN: MAJIDSAB S/O. RASULSAB NADAF, AGE. 46 YEARS, OCC. DRIVER, R/O. BEVINAKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …PETITIONER (BY SRI. RAJASHEKHAR H.ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (GOKUL ROAD POLICE STATION, HUBBALLI) REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …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 THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.3, ON BAIL IN CONNECTION WITH GOKUL ROAD P.S CRIME NO.142/2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 352, 329(4), 308(2), 140(3), 310(2), 109 R/W 3(5) OF BNS (UNDER SECTIONS 323, 324, 504, 448, 385, 365 R/W 34 OF IPC), BY ALLOWING THIS PETITION. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Criminal Petition No.104892/2025 is filed for regular bail by petitioner/accused No.11. Criminal Petition No.104811/ 2025 is filed for regular bail by the petitioners/accused Nos.4, 5, 8, 9 and 10. Criminal Petition No.105154/2025 is filed by the petitioner/accused No.3 seeking for regular bail. Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered by Arvind Chavan stating that a complainant had taken contract work from the Government to construct sub-jail and also its repair work. The complainant had given a sub-contract to one Basappa Dalawai, who is arraigned as accused No.1 and he is the proprietor of Manikantha Constructions, situated at Bailhongala. 3. It is further stated that, as Basappa Dalawai did not complete the said work which was entrusted to him, the complainant terminated the said contract. However, the - 6 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 accused/Basappa Dalawai was intending to get more money for the work done. There was a quarrel between accused No.1 and the complainant in that regard. 4. It is alleged that on 08.10.2025, in between 12.20 p.m. to 12.40 p.m., the accused arrived to the office of the complainant located at Laxmi Lake side complex, Gokul Road, Hubballi, along with 15 to 20 henchmen, and trespassed into the office of the complainant and abused the officials of the complainant in a filthy language and forcibly taken two mobile phones belonging to the Accountant Iranna Mirji and assaulted the brother of the complainant, namely, Mohan and tried to kidnap him. 5. It is further stated that, one Hiralal Solanki, who tried to obstruct the accused and his henchmen from kidnapping Mohan, he was pushed to the ground and he was hit by an iron object, causing grievous injuries and they kidnapped said Mohan. On the basis of the said information, the complainant filed a complaint against the accused. 6. Heard Sri Hirankumar Patel, learned counsel for Sri Gourishankar Mot, learned counsel for the petitioner in - 7 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 Criminal Petition No.104892/2025, Sri Ullas U. Doddamani, learned counsel for the petitioners in Criminal Petition No.104811/2025, Sri Rajashekhar H. Angadi, learned counsel for the petitioner in Criminal Petition No.105154/2025 and Sri Paveena Y. Devaraddiyavara, learned High Court Government Pleader for respondent – State in all the three petitions. 7. The submissions of the learned counsel for the respective petitioners in these three petitions are that, the entire case is based on surmises and conjectures. Petitioners have been falsely implicated in this case. In fact, Basappa Dalwai, who is arraigned as accused No.1, had taken the sub-contract from the complainant and he has completed the work, which was entrusted to him. However, the complainant did not pay the amount as per the demand of accused No.1. When accused No.1 went along with his men to ask for the money, the brother of the complainant, namely, Mohan, not only insulted the accused No.1 in front of others, but he also threatened the accused No.1 with dire consequences. - 8 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 8. It is further stated that, a false case has been foisted against accused No.1 and others only in order to avoid accused No.1 from asking/demanding the amount which was required to be paid by the complainant. Therefore, all the petitions may be allowed and all the petitioners may be enlarged on bail by imposing suitable conditions and the petitioners will abide the conditions in the event of their release on bail. 9. Per contra, learned High Court Government Pleader vehemently submitted that the accused No.1 and others had committed heinous offence and kidnapped the brother of the complainant for ransom and caused injuries to one of the employees of the complainant. As the petitioners have committed heinous offence, it is not proper to grant them bail. In case, if the petitioners are enlarged on bail, there may be chances of not only committing similar offences, but also, there may be chances of threatening the prosecution witnesses. Hence, it is not proper to grant them bail. Making such submissions, learned High Court Government Pleader prays to dismiss the petition. - 9 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 10. In support of his submissions, learned High Court Government Pleader has filed a statement of objections and also a memo of even date, seeking to produce the CD, as directed by this Court vide order dated 15.12.2025 in Criminal Petition No.104892/2025 and the same are taken on record. 11. Having heard learned counsel for the respective parties in all these petitions and also on perusal of the averments of the complaint, which indicates that, all the allegations levelled against the petitioners are omnibus in nature. So far, the statement of the person, namely, Mohan / injured is not available for reference. Prima facie, the entire case is revolving around the payment, which was required to be paid to accused No.1, as per the sub-contract which was given to accused No.1 by the complainant. 12. Moreover, on reading the averments of the complaint and also the offences mentioned in the FIR, all the offences are neither punishable with death nor imprisonment for life. Keeping in mind the gravity and nature of the offences, - 10 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 I am of the considered opinion that, the petitions are required to be allowed. 13. Hence, I proceed to pass the following: ORDER (i) The Criminal Petitions are allowed. (ii) The petitioners / accused Nos.3, 4, 5, 8, 9, 10 and 11 are ordered to be enlarged on bail in Crime No.142/2025 of respondent-police for the offence under Sections 115(2), 118(1), 352, 329(4), 308(2), 140(3), 310(2), 109, 3(5) of Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall co-operate with the investigation as and when required. (iv) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 11 - HC-KAR NC: 2025:KHC-D:18408 CRL.P No. 104892 of 2025 C/W CRL.P No. 104811 of 2025 CRL.P No. 105154 of 2025 (v) The petitioners shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE Bss ASN/CT: UMD List No.: 1 Sl No.: 48