Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 28878 (KAR)

VIKAS BABURAO PAWAR v. STATE OF KARNATAKA

CRL.P/8578/2026 · 2026-07-15

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010405082026 NC: 2026:KHC:36352 CRL.P No. 8578 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8578 OF 2026 BETWEEN: VIKAS BABURAO PAWAR S/O BABURAO NIVRUTTI PAWAR AGED ABOUT 22 YEARS R/AT BHAVANI MANDIRA ROAD MULLANAN VADI, RAM NAGAR SANGLI DISTRICT, MAHARASHTRA STATE. PRESENTLY R/AT PAWAR MALLA RAM NAGAR, KHANAPUR TALUK SANGLI DISTRICT MAHARASHTRA STATE - 415 307 (PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI SACHIN NAIK, ADV., FOR SRI S. RAJASHEKAR, ADV.) AND: STATE OF KARNATAKA BY MANGALURU SOUTH POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN C.C.NO.4676/2025 ARISING OUT OF CR.NO.171/2025 OF MANGALURU SOUTH P.S. REGISTERED FOR THE OFFENCE P/U/S 137(2),204,310(2),140(3) R/W 190 OF BNS 2023 PENDING ON THE FILE OF THE II J.M.F.C MANGALURU D.K DIST. BY SETTING ASIDE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010405082026 NC: 2026:KHC:36352 CRL.P No. 8578 of 2026 THE ORDER DATED 08.01.2026 PASSED IN CRL.MISC.NO.1192/2025 BY THE III ADDL.DIST. AND SESSIONS JUDGE D.K MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Crime No.171/2025 registered by Mangaluru South Police Station, Mangaluru City, for the offences punishable under Sections 137(2), 204, 310(2), 140(3) read with Section 190 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Zero FIR was registered by Kumata Police Station, Uttara Kannada District for the offences punishable under Sections 137(2), 204 and 310(2) of BNS, 2023, against unknown persons based on the first information dated 13.08.2025 received from Hari S/o Bhanudas Thorat. Subsequently for want of jurisdiction, said FIR was transferred to Mangaluru South Police Station and registered in Crime No.171/2025 for the offences punishable under Sections 137(2), 204, 310(2), - 3 - HC-KAR CNR: KAHC010405082026 NC: 2026:KHC:36352 CRL.P No. 8578 of 2026 140(3) read with Section 190 of BNS, 2023. In the said case, petitioner was arrested on 18.08.2025 and remanded to judicial custody. In the charge sheet, which is filed subsequently, nine persons are arraigned as accused and petitioner is arraigned as accused No.2. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1192/2025 was rejected on 08.01.2026. Therefore, he is before this Court. 4. The allegation in the first information is that, on 13.08.2025, first informant was kidnapped in an Innova car and gold bars totally weighing 350 grams were robbed from him by the accused persons, who had introduced themselves as custom officials. During the course of investigation, petitioner and other accused were arrested on 18.08.2025. Investigation of the case is now completed and charge sheet has been filed against nine persons. Charge sheet material would go to show that during the course of investigation, 349.20 grams of gold has been recovered in the present case. Accused No.3 as against whom similar allegation is found in the charge sheet has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.5897/2026 disposed off on 05.06.2026. - 4 - HC-KAR CNR: KAHC010405082026 NC: 2026:KHC:36352 CRL.P No. 8578 of 2026 Thereafter, this Court has granted regular bail to accused Nos.1 and 4 in Crl.P.No.7600/2026 C/w Crl.P.No.6906/2026 disposed off on 09.07.2026. The only other criminal case registered against the petitioner is of the year 2017. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.171/2025 registered by Mangaluru South Police Station, Mangaluru City, for the offences punishable under Sections 137(2), 204, 310(2), 140(3) read with Section 190 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the - 5 - HC-KAR CNR: KAHC010405082026 NC: 2026:KHC:36352 CRL.P No. 8578 of 2026 Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 83