- 1 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200439 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: GALIB S/O BASIRASAB MITAYI, AGE:25 YEARS, OCC: AGRICULTURE, R/O. ALMEL, TQ. ALMEL, DIST. VIJAYAPURA 586 202. …PETITIONER (BY SRI R. S. LAGALI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE SHO/ PSI INDI RURAL PS, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 102. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S. 483 OF BNSS,2023 PRAYING TO, ALLOW THIS BAIL PETITION AND THEREBY ORDER FOR RELEASE OF THE PETITIONER ON BAIL IN CRIMINAL CASE NO.2019/2022 (ARISING OUT OF INDI RURAL PS. FIR (CRIME ) NO.02/2022) PENDING ON THE FILE OF HON’BLE ADDL. CIVIL JUDGE AND JMFC, INDI FOR THE OFFENCES PUNISHABLE U/SEC 120(B), 341, 365, 397 AND 506 OF IPC. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.5 seeking for regular bail in Criminal Case No.2019/2022, arising out of Crime No.02/2022, registered by the Indi Rural Police Station, Vijayapur, for the offences punishable under Sections 120(b), 341, 365, 397 and 506 of IPC. 2. It is the case of the prosecution that, on 10.01.2022, the complainant filed a complaint against unknown persons for the offence punishable under Section 365 of IPC. Thereafter, the facts of the case have been unfolded in such a way that, one Mangalram and his brothers after having closed their shops, were proceeding to their house on their motorcycle. At that time, one car came from Indi side, stopped the motorcycle of Mangalram and kidnapped him at about 8.45 p.m. The incident had occurred on 10.01.2022 and Mangalram came to his house - 3 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 on 11.01.2022. However, he disclosed the said fact on 18.02.2022 to his relatives and thereafter his statement was recorded by the respondent – police. The respondent – police after conducting the investigation, submitted the charge sheet against the accused persons. 3. Heard the learned counsel for the petitioner Sri R.S.Lagali and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that the petitioner was granted anticipatory bail by the Trial Court, however, he could not comply the conditions imposed by the Trial Court. Hence, he was arrested on 05.12.2024. 5. It is further submitted that though the petitioner has been arrayed accused No.5 in the charge sheet, no specific overt-act has been attributed against him. He also submitted that the petitioner is the permanent resident of Almel taluka, Vijayapur district and he will abide by the conditions to be imposed by this Court - 4 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 in the event of releasing him on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent vehemently opposed the said submissions and he further submitted that the petitioner had misused the earlier bail granted to him. The petitioner did not approach the Trial Court in spite of having obtained anticipatory bail. The respondent – police have secured him after the Trial Court issued a warrant against him. Therefore, the petitioner is not entitled for any relief as prayed for. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it emerges from the record that, the petitioner was granted anticipatory bail by the Trial Court in respect of the offences stated supra, however, he did not comply one of the conditions imposed by the Trial Court. - 5 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 8. The reasons assigned by the Trial Court in rejecting the application though appears to be correct, the petitioner herein was granted anticipatory bail on 24.06.2022, the Investigating Officer had filed absconding charge sheet against the petitioner herein. Though the allegations are made against him that he along with other accused has committed the offences stated supra, the fact remains that there are no criminal antecedents against the petitioner. If the suitable conditions are imposed, the apprehension expressed by the prosecution would be met. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is ordered to be enlarged on bail in Criminal Case No.2019/2022, arising out of Crime No.02/2022, registered by the Indi Rural Police Station, Vijayapur, for the offences punishable under Sections 120(b), 341, 365, 397 and 506 of IPC, by executing - 6 - NC: 2025:KHC-K:2196 CRL.P No. 200439 of 2025 personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. b) The petitioner shall appear before the Trial Court on all hearing dates without fail. c) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. The Trial Court is directed to expedite the trial as early as possible in order to secure the accused for speedy justice. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 22 CT:PK