- 1 - NC: 2025:KHC-K:1640 CRL.P No. 200449 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200449 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJKUMAR S/O NAGENDRA MULGE, AGE: 21 YEARS, OCC: LABOUR, R/AT. VILLAGE KHERDA-K WADI, TQ. BASAVAKALYAN, DIST. BIDAR – 585437. …PETITIONER (BY SRI SACHIN M. MAHAJAN, ADVOCATE) AND: STATE, REPRESENTED BY MUDBI POLICE STATION, TQ. BASAVAKALYAN DIST. BIDAR – 585437, REPRESENTED BY ADDL. S.P.P, HON'BLE HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI -585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO ALLOW THE PETITION AND ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL IN CRIME NO. 6/2025 OF MDUBI POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 310(4) AND 310(5) OF BHARATIYA NYAYA SANHITA, 2023 ADDL. CIVIL JUDGE (JR.DN) JMFC COURT BASAVAKALYAN BIDAR AND PASS SUCH OTHER ORDER AS THIS HON’BLE DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1640 CRL.P No. 200449 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) 1. The petitioner who is arraigned as accused No.1 is before this Court seeking regular bail in Crime No.6/2025 of respondent - Police Station for the offences punishable under Sections 310(4) and 310(5) of Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. It is the case of the prosecution that the complainant was working as PSI and he lodged a complaint stating that on 06.01.2025 around 11.00 p.m., when she was on patrolling duty on 07.01.2025 around 4.00 a.m., her team found that some persons were assembled in the bus stand and planning for committing dacoity. After having apprehended them and also enquired about their plan, they told that, the accused were preparing to commit dacoity in the said area by using weapons. Immediately, - 3 - NC: 2025:KHC-K:1640 CRL.P No. 200449 of 2025 they took them to the custody and seized the weapons which were kept with them. Hence, the case. 3. Heard Sri.Sachin.M Mahajan, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The said case has been filed only to show the statistics to the higher officials. The petitioner is innocent of the alleged offences. No other cases are pending against the petitioner. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that the complaint would prima facie indicate that, a case has been made out against the petitioner. The investigation is under progress. The petitioner along with others were holding deadly weapons and preparing for committing the dacoity. Some of the accused have been absconding in - 4 - NC: 2025:KHC-K:1640 CRL.P No. 200449 of 2025 this case. Therefore, it is not appropriate to grant him bail at this stage. Making such submissions, the learned High Court Government Pleader prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, without adverting to the merit of the case, it is proper to mention here that the petitioner is aged about 21 years and no other cases were pending against him either of similar in nature or any other criminal cases. The presence of the accused appears to be doubtful. Therefore, he may be ordered to be released on bail by imposing suitable conditions. 7. Hence, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner / accused No.1 is ordered to be enlarged on bail in Crime No.6/2025 of the respondent – Police on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety - 5 - NC: 2025:KHC-K:1640 CRL.P No. 200449 of 2025 for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation. b) The petitioner is at liberty to appear before the respondent police whenever it is required along with his advocate for the purpose of investigation. c) The petitioner shall appear before the Trial Court on all hearing dates without fail. d) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 30 CT:PK