- 1 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE K NATARAJAN CRIMINAL PETITION NO.200313 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAMANAGOUDA S/O HANAMANTRAYA SINDAGI, AGE: 25 YEARS,OCC: COOLIE, R/O KHANAPUR, TQ. SINDAGI, DIST. VIJAYAPURA-586128. …PETITIONER (BY SRI SANTOSH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, KALAKERI POLICE STATION, TQ. SINDAGI DIST. VIJAYAPURA-586128 REP BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO. 2 AS PER SPLIT UP CHARGE SHEET C.C NO.2244/2023 (KALAKERI P.S CRIME NO.43/2018 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 379, 454, 380 OF IPC AND Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 UNDER SECTION 98 OF K.P ACT, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT AT SINDAGI. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN ORAL ORDER This petition is filed by the petitioner/accused No.2 under Section 483 of BNSS, 2023 for granting bail in Crime No.43/2018 registered by the Kalakeri Police Station and charge sheeted for the offences punishable under Sections 379, 454, 380 of IPC and Section 96 of the Karnataka Police Act pending on the file of the Addl. Civil Judge and JMFC Court at Sindagi. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent- State. 3. The case of the prosecution is that on the complaint of one Nanagouda, the police registered FIR against unknown persons for theft of Honda Shine motor cycle bearing Reg.No.KA-28/ER-1808 valued about - 3 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 Rs.45,000/-. During the course of investigation, the police arrested the petitioner on 22.12.2023. He was interrogated and motor cycle was recovered and then he was remanded to judicial custody. It is revealed during investigation that he was also involved in two more cases for committing theft from the house or building and also said to be found in possession of property illegally. The petitioner is said to be absconded previously and two other accused said to be arrested and released on bail. The case against the petitioner is said to be split up and now he has been arrested and is in judicial custody for almost one year three months. The petitioner approached the Trial Court as well as Sessions Court for grant of bail which came to be rejected. Hence, he is before this Court seeking bail. 4. The learned counsel for the petitioner contends that the trial has already begun. Almost nine witnesses have been examined. Most of the witnesses have turned hostile. The petitioner is in custody for more than 15 - 4 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 months. The alleged offences are triable by JMFC. Hence, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposes the bail petition and prays for dismissal of the petition. 6. The alleged offences are punishable under Sections 379, 380, 454 of IPC which are not punishable with death or imprisonment for life and maximum punishment is seven years. The offences are triable by JMFC. The offence under the provisions of Karnataka Police Act is also filed for possessing some articles without any authorization. Keeping the petitioner in judicial custody will not serve any purpose except for trial. The other accused are already released on bail. 7. Considering the facts and circumstances of the case, I am of the view that without expressing any opinion on the merits of the case, if the bail is granted to the petitioner, by imposing certain stringent conditions, no - 5 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 prejudice would be caused to the prosecution case. Accordingly, I proceed to pass the following; O R D E R The petition is allowed. The Trial Court is directed to release the petitioner – accused No.2 on bail, in Crime No.43/2018 of Kalakeri Police Station, Vijayapura for the offences punishable under Sections 379, 454, 380 of IPC and Section 98 of K.P. Act, pending on the file of the Addl. Civil Judge and JMFC, Sindagi, subject to the following conditions:- (i) Petitioner shall execute personal bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only] with one surety for the likesum to the satisfaction of the Trial Court; (ii) Petitioner shall not indulge in similar offence strictly; - 6 - NC: 2025:KHC-K:1396 CRL.P No. 200313 of 2025 (iii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; (iv) Petitioner shall not leave the jurisdiction of the Court without prior permission of the Trial Court. (v) Petitioner shall mark his attendance before the concerned Police on second day of every calendar month between 10.00 a.m. to 04.00 p.m. till disposal of the case. If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail. Sd/- (K NATARAJAN) JUDGE SWK List No.: 1 Sl No.: 2 CT:SI