Karnataka High Court
Sri Chetan S/O Veeranna Goudar vs The State Of Karnataka on 1 July, 2025
-1-
NC: 2025:KHC-D:8254
CRL.P No. 102248 of 2025
C/W CRL.P No. 102250 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102248 OF 2025
(439 OF Cr.PC/483 OF BNSS)
C/W
CRIMINAL PETITION NO. 102250 OF 2025
IN CRL. P. NO. 102248 OF 2025
BETWEEN:
1. SRI. CHETAN S/O. VEERANNA GOUDAR,
AGE: 27 YEARS, OCC: BUSINESS,
R/O. #508, BAZAR ROAD, TALLUR,
TAL: YARAGATTI, NOW AT: MUNAVALLI,
TAL: SAVADATTI, DIST. BELAGAVI, PIN-591117.
2. SRI. PRAVEEN S/O. SHIVALINGAPPA SARDAR,
AGE: 29 YEARS, OCC: PRIVATE JOB,
R/O. TALLUR, TAL: YARAGATTI,
Digitally signed
DIST. BELAGAVI, PIN-591117.
by RAKESH S
HARIHAR ...PETITIONERS
Location: High
Court of
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)
Karnataka,
Dharwad Bench
AND:
THE STATE OF KARNATAKA,
THROUGH P.S.I., CHIKODI POLICE STATION,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, PIN-580011.
...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/S.483 OF BNSS, 2023) SEEKING TO ENLARGE THEM ON
-2-
NC: 2025:KHC-D:8254
CRL.P No. 102248 of 2025
C/W CRL.P No. 102250 of 2025
HC-KAR
BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN
CHIKODI PS CRIME NO.72/2025 FOR THE OFFENCE
PUNISHABLE U/S.310(2) OF BNS-2023, IN SO FAR AS
PRESENT PETITIONERS/ACCUSED NO.2 AND 5 ARE
CONCERNED PENDING BEFORE PRL. CIVIL JUDGE AND JMFC
CHIKKODI, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL. P. NO. 102250 OF 2025
BETWEEN:
SRI. PAVANKUMAR S/O. YALLAPPA PUJER,
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O. MANIKATTI, TAL: SAVADATTI,
DIST. BELAGAVI, PIN-591126.
...PETITIONER
(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH P.S.I., CHIKODI POLICE STATION,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, PIN-580011.
...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/S.483 OF BNSS, 2023) SEEKING TO ENLARGE THE
PETITIONER/ACCUSED ON BAIL ON SUCH TERMS AND
CONDITIONS AS DEEMED FIT IN CHIKODI P.S. CRIME
NO.72/2025 FOR THE OFFENCE PUNISHABLE U/S.310(2) OF
BNS-2023 IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.6
IS CONCERNED PENDING BEFORE PRL. CIVIL JUDGE AND JMFC
CHIKKODI, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:8254
CRL.P No. 102248 of 2025
C/W CRL.P No. 102250 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Santosh B. Malagoudar, learned counsel for the petitioners-accused Nos.2, 5 and 6 and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent-State.
2. Crl.P.No.102248/2025 is filed by the petitioners-accused Nos.2 and 5 and Crl.P.No.102250/2025 is filed by petitioner-accused No.6 under Section 483 of BNSS-2023 (439 of Cr.P.C.) to enlarge them on bail in Crime No.72/2025 of Chikodi Police, registered for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023').
3. Brief facts of the prosecution case are as under:
On 26.04.2025, at about 2.50 pm., near Umrani Ghat at Chikodi, when the first informant was returning in his Tata Canter bearing No.KA-22/D-1179 along with an -4- NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR amount of Rs.1,90,000/- received from the sale of ground nuts at Sangli Desai shop, some unknown persons followed his vehicle in their motorcycle and obstructed his truck under the guise that they got information that ganja was being smuggled in the canter vehicle. They insisted first informant to check the vehicle. Thus, they snatched mobile phone and cash of Rs.1,90,000/- from the first informant and issued criminal intimidation to eliminate first informant. Thus, first informant lodged complaint which leads to registration of FIR and investigation.
During the course of the investigation i.e. on 01.05.2025, when the investigating officer was on patrolling duty, he found five persons in a Ritz car in a suspected manner. Hence, he enquired with the said accused persons, they confessed before the investigating officer as to commission of offence which took place on 26.04.2025 near Umrani Ghat. Therefore, these petitioners are arraigned as accused Nos.2, 5 and 6 in the -5- NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR case and in turn they were arrested and remanded to judicial custody. Hence, these petitions.
4. The learned counsel for the petitioners contended that the petitioners are innocent and have not committed any offence as alleged by the prosecution. It is only on the voluntary statement of accused No.1, these petitioners have been implicated in the case. The petitioners are ready to abide by the conditions imposed by this Court. Hence, prays to allow the petitions.
5. Per contra, the learned HCGP contended that the petitioners are also members of the dacoit. Prima facie there are allegations against the accused persons. If they are released on bail, they may tamper prosecution witnesses and threaten the complainant and other witnesses. Further accused Nos.2 and 6 are habitual offenders. A separate crime has been registered against them in different police stations. Hence, he prays to dismiss the bail petitions.
-6-
NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR
6. On perusal of the material available on record, it appears that at the time of commission of offence, the petitioners-accused Nos.2, 5 and 6 were not at the spot. As per the FIR and complaint, only two persons followed the truck of the first informant and they committed robbery and thereafter all the accused persons shared the amount. So far as allegations against accused Nos.2 and 6 are concerned, they are habitual offenders. Insofar as accused No.2 is concerned, the offence under Section 489(a)(b)(c) of IPC has been registered and insofar as accused No.6 is concerned, the offence under Sections 504, 506, 323, 324 of IPC are registered.
7. In the instant case, the investigating officer has not conducted a Test Identification parade for identification of accused Nos.1 and 2 and to establish the aspect of criminal conspiracy. At this juncture, the investigating officer has not placed any call details register of accused Nos.1 to 6 to substantiate that accused Nos.2, 5 and 6 were also members of criminal conspiracy. The -7- NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR alleged offences are not punishable with death or imprisonment for life. Petitioners-accused Nos.2, 5 and 6 are permanent residents of the address shown in the cause title. Admittedly, they are not involved in theft, robbery and dacoity etc.
8. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood of he fleeing away from justice, repeating same offences, tampering with witnesses, and the character and antecedents of the accused. Keeping all these factors in mind and careful perusal of the entire material on record, this Court is of the opinion that, these are fit cases for grant of bail. Accordingly, I proceed to pass the following:
ORDER The criminal petition No.102248/2025 and Crl.P.No.102250/2025 are allowed. -8-
NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR The petitioners / accused Nos.2, 5 and 6 are ordered to be enlarged on bail in Crime No.72/2025 of Chikkodi Police registered for the offence punishable under Section 309(4) of BNS-2023, on the following conditions. (i) The petitioners-accused Nos.2, 5 and 6
shall execute a personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners-accused Nos.2, 5 and 6
shall not tamper the prosecution
witnesses.
(iii) The petitioners-accused Nos.2,5 and 6
shall attend the jurisdictional Court
regularly.
(iv) The petitioners-accused Nos.2,5 and 6
shall mark their attendance before the jurisdictional Police on 1st and 16th day of -9- NC: 2025:KHC-D:8254 CRL.P No. 102248 of 2025 C/W CRL.P No. 102250 of 2025 HC-KAR Every month between 10 a.m. to 5 p.m. for a period of six months or till filing of the final report, whichever is earlier. (v) The petitioners-accused Nos.2,5 and 6 shall not involve in such similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
NOTE: Observations made in this petition are only for the purpose of disposal of these petitions.
Sd/-
(VENKATESH NAIK T) JUDGE HMB /CT-AN List No.: 1 Sl No.: 53