- 1 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102620 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: GOUSKHAN @ BABLU @ BICHCHADU S/O JAMALKHAN PATIL AGE 25 YEARS, OCCUPATION: COOLIE WORK R/O. ISLAMPURA ONI, GOUSIYA ARABBI BEHIND MADARISA, RANEBENNUR TQ. RANEBENNUR, DIST. HAVERI. …PETITIONER (BY SRI SHIVAPPA UMESH GODDEMMI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH RANEBENNUR TOWN CIRCLE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD 580 001. …RESPONDENT (BY SRI JAIRAM SIDDI, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.5 ON REGULAR BAIL IN CRIME NO.139/2025 REGISTERED BY RANEBENNUR TOWN CIRCLE POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 310(4) AND 310(5) OF THE BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION IS COMING ON FOR FURTHER ARGUMENTS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) This petition is filed by the petitioner/accused No.5 under Section 439 of the Code of Criminal Procedure Code, 1973, seeking to enlarge him on bail in connection with Crime No.139 of 2025 of Ranebennur Town Circle Police registered for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS, 2023'). 2. The brief facts of the prosecution case are that on 04.06.2025 at 12.05 a.m. (midnight), when the complainant was on patrolling duty, he received credible information that five to six persons are preparing to commit dacoity under the bridge, TV Road bypass, Ranebennur, and therefore, the complainant secured his staff, panchas and conducted raid. The complainant and his staff apprehended all the accused persons, conducted mahazar and seized incriminating material, such as, chilli powder, small light, rope, and a car from the possession of - 3 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 apprehended accused persons. Hence, he lodged the complaint against the petitioner and others for the aforesaid offences. During the course of investigation, the petitioner was remanded to judicial custody. 3. Heard Sri Shivappa Umesh Goddemmi, learned counsel for the petitioner, and Sri Jairam Siddi, learned High Court Government Pleader for the respondent-State. 4. Learned counsel for the petitioner has contended that the petitioner is innocent, he has not committed any offences and he has been falsely implicated in the case. The petitioner is a law abiding citizen and is ready and willing to abide by any of the conditions to be imposed by this Court. Hence, he prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader has contended that there are sufficient material collected by the Investigating Officer to show the involvement of the petitioner in the alleged crime. If the petitioner is released on bail, there is likelihood of - 4 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 tampering with the prosecution witnesses and committing similar offences. Hence, he prayed for rejecting the petition. 6. Perusal of the material available on record, it appears that the complainant conducted raid on the petitioner and other accused persons, and seized chilli powder, small knife, rope and a car, as the petitioner and other accused persons were preparing to commit dacoity on road. 7. Merely assembling of the accused persons and recovery of weapons from their possession does not constitute the offences under Sections 310(4) and 310(5) of the BNS, 2023, unless it is evident that they are planning to commit dacoity. 8. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood - 5 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 of he fleeing away from the justice, repeating same offences, tampering with witnesses, character and antecedents of the accused. Learned High Court Government Pleader has not disputed the fact that the petitioner is not habitual offender. On careful perusal of the material on record, more particularly, seizure mahazar and First Information Report, the raiding party conducted seizure mahazar first and thereafter, registered the case against the petitioner which is against the principles laid down by the Supreme Court in the case of Lalita Kumari v. Govt. of U.P. and Others reported in AIR 2014 SC 187. When the registration of the First Information Report itself is void ab initio, the subsequent proceedings conducted by the Investigating Officer are invalid. Hence, the petitioner/accused No.5 is entitled for bail. Thus, the Court proceeds to pass the following O R D E R Criminal petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 The trial Court is directed to release the petitioner/accused No.5 in Crime No.139 of 2025 of Ranebennur Town Circle Police registered for the offences punishable under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court; ii) Petitioner shall not threaten or tamper with the prosecution witnesses directly or indirectly; iii) Petitioner shall co-operate with the Investigating Officer, until completion of the investigation; iv) Petitioner shall not involve in similar offences in future, and - 7 - HC-KAR NC: 2025:KHC-D:8802 CRL.P No. 102620 of 2025 v) Petitioner shall mark his attendance before the respondent-Police, viz., Investigating Officer/Station House Officer once in every fortnight i.e., on first and fifteenth of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of final report, whichever is earlier. Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail. It is made clear that the above observations made herein are only for disposal of the present petition. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 18