Karnataka High Court
Shri Ganesh S/O. Suresh Adekar vs The State Of Karnataka on 16 January, 2025
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2025:KHC-D:645
CRL.P No. 103886 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CRIMINAL PETITION NO.103886 OF 2024
[439(CR.PC)/483(BNSS)]
BETWEEN:
SHRI GANESH S/O. SURESH ADEKAR,
AGED ABOUT 27 YEARS,
OCC. SCRAP MERCHANT,
R/O. NO.22/913/5, GALLI NO.5,
NEAR AROMA BAKERY, ICHALKARANJI,
MAHARASHTRA STATE,
NOW AT HINDALAGA CENTRAL PRISON,
BELAGAVI.
... PETITIONER
(BY SRI ASHOK R. KALYANASHETTY, ADVOCATE)
AND:
Digitally
signed by
THE STATE OF KARNATAKA
MANJANNA E
MANJANNA
E Date:
2025.01.18
(MUDALAGI PS), BY ITS STATE PUBLIC PROSECUTOR,
10:24:44
+0530
ADVOCATE GENERAL OFFICE,
HIGH COURT BENCH PREMISES,
DHARWAD-580001.
... RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C.
(U/SEC.483 OF BNSS, 2023) SEEKING TO ENLARGE HIM ON BAIL
ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN
MUDALAGI PS CR.NO.139/2024 FOR THE OFFENCES P/U/SEC.
309(6) AND 310(2) OF BNS 2023 PENDING ON THE FILE OF CIVIL
JUDGE AND JMFC MUDALAGI, IN THE INTEREST OF JUSTICE AND
EQUITY.
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NC: 2025:KHC-D:645
CRL.P No. 103886 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail in Crime no.139/2024 by Mudalgi Police Station for offences punishable under Sections 309(6) and 310(2) of Bharatiya Nyaya Sanhita, 2023 ('BNS', for short).
2. Sri Ashok R. Kalyanshetty, learned counsel for petitioner submitted case of prosecution was that at 11.20 p.m. on 20.11.2024, complaint was filed by Jaffar Ibrahim Mujawar ('complainant' for short), stating that he was running wholesale Grocery shop at Terdal, wherein he supplied grocery on credit basis, and collected payment later through his employees. On 20.11.2024, his employees namely Sanju Kalappa Kuhalli and Isharar Ismail Mujawar were sent to collect credit amount, Azharuddin - his nephew informed him about his workers being robbed. After contacting his employees, they stated Rs.12,00,000/- kept in their bag was robbed near Harugeri cross on Nippani - Mudhol road, at 3:00 pm on -3- NC: 2025:KHC-D:645 CRL.P No. 103886 of 2024 20.11.2024 by four persons who came on two motorcycles after throwing chilli powder and showing rod. Said complaint was registered as Crime no.139/2024 at Mudalgi Police Station against four unknown persons.
3. It was submitted, during investigation, petitioner was arrested as accused no.5, even though there were no specific allegations about manner of his involvement in said crime. Further, complaint and FIR were against four unknown persons and only to enhance gravity of crime, name of petitioner was included as accused no.5 and was arrested on 27.11.2024. It was submitted, though offence alleged was robbery of Rs.12,00,000/-, there were no allegations of any injuries sustained while committing crime and there was also no recovery from petitioner. And since date of arrest, petitioner was in custody.
4. Petitioner was barely 27 years of age and law abiding citizen having movable and immovable properties. He was scrap businessman without any criminal antecedents. It was submitted as per complaint, after incident police received information, reached spot and searched nearby. And complaint -4- NC: 2025:KHC-D:645 CRL.P No. 103886 of 2024 was filed much later. Learned counsel submitted, it was therefore evident that petitioner was falsely implicated. On above grounds sought for allowing petition.
5. On other hand, Sri Jairam Siddi, learned HCGP for respondent - State opposed petition. It was submitted, based on complaint, FIR was registered against unknown persons. During course of investigation, it was found petitioner and five others were involved in the crime. It was submitted that in remand application there was recovery of sum of Rs.8,00,000/- from accused. It was submitted, case is still at investigation stage and if petitioner is enlarged on bail, he may threaten witnesses and hamper investigation. It was submitted offence alleged was collective in nature and all accused would be jointly liable. Therefore there were no good grounds for granting bail.
6. Heard learned counsel.
7. Only point that arises for consideration herein is:
"Whether petitioner is entitled for regular bail with conditions?"
8. This petition for regular bail is by accused no.5 for offences alleged in Crime no.139/2024 by Mudalgi PS. As per -5- NC: 2025:KHC-D:645 CRL.P No. 103886 of 2024 prosecution, incident of robbery occurred at 3.00 p.m. on 20.11.2024 near Harugeri cross on Nippani - Mudhol road.
9. Despite opportunity, objections were not filed for lack of instructions, constraining this Court to consider petition on basis of available material.
10. On perusal, it is seen incident occurred at 3:00 p.m. Complaint was filed at 11:20 p.m. on same day alleging four persons to have committed offence. Complainant has stated that on receipt of information, police visited spot and conducted search of surrounding places. Even FIR was registered against four unknown persons. After investigation, four persons were apprehended on 27.11.2024 and Rs.8,00,000/- recovered. Though prosecution claims involvement of petitioner was traced during investigation and he was apprehended, basis for same is not substantiated.
11. Indeed, investigation is not yet completed, FIR is registered for offence under Section 309(6) against four unknown persons, no material is produced to indicate any person suffering 'hurt' during commission of offence. There are no specific overt-acts alleged against any of them. -6-
NC: 2025:KHC-D:645 CRL.P No. 103886 of 2024
12. Besides above, while petitioner has stated that he owns movable and immovable properties and produced registration of his business under provisions of Shops and Commercial Establishments Act, prosecution has not stated about any criminal antecedents of petitioner. On above prima facie reasons, point for consideration is answered in affirmative. Hence, this:
ORDER Petition is allowed. Petitioner/accused is released on bail in Crime no.139/2024 of Mudalgi Police Station for offences punishable under Sections 309(6) and 310(2) of BNS, subject to following conditions:
a) Petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court.
b) He shall make himself available as and when required by Investigating Officer and co-operate with investigation.
c) Until filing of Charge-Sheet, he shall mark his attendance before Investigating Officer at Mudalgi PS. on every alternate Sunday at 2:00 p.m. -7- NC: 2025:KHC-D:645 CRL.P No. 103886 of 2024
d) Except for purposes of conditions (b), (c) and
(g) herein, he shall not leave jurisdiction of Kolhapur District, without prior permission.
e) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly.
f) He shall not indulge in any criminal activities.
g) He shall be regular in attending Court proceedings.
h) He shall forthwith inform any change of his residence to Investigating Officer.
i) It is clarified that views expressed are prima facie and shall not influence final outcome after trial.
SD/-
(RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 18