- 1 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 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.104099 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: RAJESAB H. HULAMANI @ RAJA @ RAJANNI S/O. HUSSAIN SAB HULAMANI, AGE. ABOUT 35 YEARS, OCC. DRIVER, R/O. KASAVAPUR, AT PRESENT R/O. AT ANANADAPUR, TQ. SHIKARIPURA, DIST. SHIMOGGA-577201. …PETITIONER (BY SRI VIJAY M. MALALI, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH BYDAGI PS HAVERI BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580022. …RESPONDENT (BY SRI JAIRAM SIDDI, HIGH COURT GOVERNMENT PLEADER.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO ALLOW THE BAIL PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.96/2025 FOR OFFENCE PUNISHABLE UNDER SECTION 310(4) AND 310(5) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023, REGISTERED BY BYADAGI POLICE STATION, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 of 2025 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI (SITTING AT RENEBENNUR), IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner, who is accused No.1 in Crime No.96/2025 registered by the respondent police, for the offences punishable under Sections 310(4) and 310(5) of Bharatiya Nyaya Sanhita, 2023, is before this Court seeking regular bail. 2. The case of the prosecution is that, the complainant having received an information dated 26.04.2025 that, the petitioner and others were holding the lethal weapons in their hands and trying to commit dacoity on the road. The complainant after securing the staff, went to the spot and arrested them and seized all the weapons which were in the hands of the accused. It is further stated that, three persons ran away from the spot during the said process. Thereafter, a complaint came to be registered - 3 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 of 2025 against the petitioner and others and after conducting investigation, the respondent police submitted the charge sheet. Therefore, the petitioner is before this Court. 3. Heard the arguments of Sri Vijay M. Malali, learned counsel for petitioner, Sri Jairam Siddi, learned High Court Government Pleader for respondent State and perused the material placed before the Court. 4. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. Though, there are seven case registered against him, six cases have been ended in acquittal. 5. It is further submitted that the petitioner is aged about 35 years and was working as a driver and permanent resident of Ananthapura, in Shikaripur Taluk. He will abide by the conditions imposed by this Court in the event of his release on bail. - 4 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 of 2025 6. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner is a habitual offender and he is having 07 cases. Merely, because some of the cases have been ended in acquittal does not mean that he is innocent of the alleged offences. Cases may be ended in acquittal on technicalities. However, the petitioner has been committing the similar offences. Therefore, it is not appropriate to grant him bail. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and other papers, it appears from the record that, the petitioner and others were holding lethal weapons in their hands and were attempting to commit dacoity in the highways or on the public road. The complainant after having received the information went to the spot along with the staff and apprehended the petitioner and others. However, three persons were escaped in the said incident. Thereafter, a case came to be registered against the - 5 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 of 2025 petitioner and others. After conducting the investigation, submitted the charge sheet. 8. Be that as it may, the petitioner, even though is stated to be a habitual offender and he was involved in seven cases, six cases were ended in acquittal. It is needless to say that ‘bail is a rule and jail is an exception’, the said principle is enunciated for the purpose of securing the personal life and liberty of a person guaranteed under Article 21 of the Constitution of India. Having considered the acquittal in all these cases, it is appropriate to grant him bail by imposing suitable conditions. 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.96/2025, registered by the respondent Police, on executing a personal bond for a sum of ₹2,00,000/- (Two - 6 - HC-KAR NC: 2025:KHC-D:14575 CRL.P No. 104099 of 2025 Lakh Rupees) along with two sureties for the like sum, to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Court on all hearing dates without fail. iv) The petitioner shall not temper the prosecution witnesses. v) The petitioner shall not commit similar or any other criminal offences till disposal of the case. vi) The petitioner shall co-operate with the Investigating Officer for investigation of the case. In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 56