- 1 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105369 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: VIJAY @ BABALU SANJYA JAVEER AGE. 36 YEARS, OCC. AGRICULTURE, R/O. ICHALAKARANJI, TQ. HATAKANAGALA, DIST. KOLHAPUR, MAHARASHTRA. …PETITIONER (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI ATHANI P S, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO THAT THE PETITION MAY BE ALLOWED AND THE PETITIONER/ACCUSED NO.1 MAY BE RELEASED ON REGULAR BAIL, IN C.C.NO.1556/2025 (ATHANI PS CRIME NO.335/2025), PENDING BEFORE PRL. CIVIL JUDGE AND JMFC COURT, ATHANI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 309(5) OF BNS 2023 AND 25(1A), 25(1B), AND 27(2) OF ARMS ACT, 1959, IN THE INTEREST OF JUSTICE THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.04 12:57:46 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Shivaraj S. Balloli, learned counsel for the petitioner and Sri. P.N. Hatti, learned High Court Government Pleader for respondent-State. 2. This petition is filed under Section 483 of Bharatiya Nyaya Suraksha Sanhita, 20231 with the following prayer: “Under these circumstances among other grounds to be urged at the time of hearing it is most humbly prayed before this Hon’ble Court that the petition may be allowed and the Petitioner/Accused No.1 may please be released on regular bail, in C.C.No.1556/2025 (Athani PS Crime No.335/2025), pending before learned Prl. Civil Judge and JMFC Court, Athani for the offences punishable U/Sec. 309(5) of BNS Act, 2023 and 25(1), 25 and 27(2) of Arms Act, 1959, in the interest of justice.” 3. A complaint came to be lodged with Athani Police Station by the complainant Mahesh Gajanan Potadar stating 1 For short, ‘BNSS’ - 3 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 that he is having jewelry shop in Mangasooli Complex at Athani. As usual he had opened the shop on 26.08.2025 and commenced the business. At about 02.28 p.m., two persons came on a motorcycle, one covered with the mask on his face, the other one with the helmet and under gun point, they made a signal to part away with the cash and ornaments. 4. Being frightened with the gun point, complainant somehow escaped from the clutches and he jumped out of the counter and came out and started shouting and crying for help. His mouth was sought to be gagged with a piece of cloth and then by the shouting, others gathered there; looking at them, both the culprits ran away from the scene. 5. Later on, police registered the case and investigated the matter and caught hold the present petitioners. After thorough investigation, the charge sheet came to be filed against the petitioners. 6. Attempt made by the petitioners to obtain an order of grant of bail is turned on by the learned Trial Judge - 4 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 and thereafter, the petitioner/accused No.1 is before this Court. 7. Learned counsel for the petitioner would contend that the petitioner is no way connected with the alleged crime and only on the voluntary statement of the co- accused, he has been apprehended by the police which is a weak piece of evidence and therefore, continuation of the accused No.1 in judicial custody is no longer warranted. 8. He would also contend that there is no proper identification parade has been conducted by the police and nothing is recovered from the present petitioner. Therefore, the present petitioner is to be enlarged on bail. 9. Per contra, learned High Court Government Pleader for respondent-State opposes the bail grounds. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is evident that admittedly two pistol/revolvers have been - 5 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 involved in the incident according to complaint averments. However, only one pistol has been recovered from the custody of accused No.2. Admittedly, the same is not having any license and therefore, it is an illegal weapon. 12. Whether at all accused No.1 could be proceeded under the Arms Act or not on account of non recovery of fire arm, is a matter that has to be adjudicated by the Trial Court after the trial. 13. It is not the case where only based on the voluntary statement of accused No.2, accused No.1 has been apprehended. The particulars furnished by the complainant in the complaint itself prima facie tallies with the stature and the dress worn by the accused as on the date of incident. So also the estimated age group. 14. Whether at all the petitioner could be proceeded further or not, depends on the material evidence that is to be placed on record during the trial especially after the examination of the complainant. Till such time, the - 6 - HC-KAR NC: 2026:KHC-D:1381 CRL.P No. 105369 of 2025 apprehension expressed by the prosecution that tampering of the evidence may take place. 15. Moreover, accused No.1 is resident of Kolhapur, Maharashtra State. Why he was present at the place of incident at Athani which is about 200 kilometres, is a question that needs to be adjudicated during the trial. 16. Accordingly, at least at this stage this Court is of the considered opinion that the petitioner has not made out a case for bail by resorting to special powers vested in this Court under Section 483 of BNSS, 20213. 17. Hence, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 16