Karnataka High Court
Shri Rudrappa M Hanasi vs The State Of Karnataka on 18 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:12414
CRL.P No. 103142 of 2025
C/W CRL.P No. 103691 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103142 OF 2025
(438(CR.PC)/482(BNSS))
C/W. CRIMINAL PETITION NO. 103691 OF 2025
(439(CR.PC)/483(BNSS))
IN CRL.P. NO.103142 OF 2025:
BETWEEN:
MOHAMMED HISHAM VEERAKAMBA
S/O MOHAMED ABDUL RAHMAN,
AGE. 40 YEARS, OCC. BUSINESS,
R/O. TALLANGALA, NEERKAJE POST,
KEPU VILLAGE, BANTWAL TALUK,
DAKSHIN KANNADA-574 211.
... PETITIONER
(BY SRI. R.M. JAVED, ADVOCATE)
AND:
Digitally
THE STATE OF KARNATAKA,
signed by
RAKESH S
RAKESH HARIHAR
S Location:
THROUGH ANKOLA P.S.,
HIGH
HARIHAR COURT OF
KARNATAKA
DHARWAD
REP. STATE PUBLIC PROSECUTOR,
BENCH
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580 001.
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1
ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH ANKOLA PS CRIME NO.31/2025, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 109, 115(2),
126(2), 140(2), 310(2), 311, 351(2), 312, 317(3), 352 OF BNS AND
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NC: 2025:KHC-D:12414
CRL.P No. 103142 of 2025
C/W CRL.P No. 103691 of 2025
HC-KAR
SECTION 25(1)(B) OF THE ARMS ACT, II ADDL. DISTRICT AND
SESSIONS JUDGE, UTTARA KANNADA, KARWAR.
IN CRL.P. NO.103691 OF 2025:
BETWEEN:
1. TALAHATH THANGAL S/O KOYAM THANGAL,
AGED ABOUT 42 YEARS, OCC. BUSINESS,
R/AT: 4-70/32, FAISAL NAGAR,
BAJAL NANTOOR, MANGALURU.
2. M.B. NOWFAL S/O ABDUL KAREEM M.B.,
AGED ABOUT 33 YEARS, OCC. BUSINESS,
R/AT: 108, PUBA MASJID ROAD,
THANISANDRA SARAIPALYA, BENGALURU,
NOW AT: BORUGADDA HOUSE,
KANNURU, MANGALURU-575 007.
... PETITIONERS
(BY SRI. DINESH KUMAR K. RAO, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY ANKOLA POLICE STATION,
KARWAR, UTTARA KANNADA,
(REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS, DHARWAD-580 033).
... RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE
PETITIONERS ON BAIL IN CRIME NO.31/2025 OF ANKOLA POLICE
STATION, KARWAR, UTTAR KANNADA (CHARGE SHEET FILED FOR
OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 109(2), 115(2),
126(2), 140(2), 310(2), 311, 312, 317(3), 351(2), 352 OF BNS AND
UNDER SECTION 25(1)(B) OF INDIAN ARMS ACT, PENDING ON THE
FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANKOLA,
UTTARA KANNADA, IN THE INTEREST OF JUSTICE.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:12414
CRL.P No. 103142 of 2025
C/W CRL.P No. 103691 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos. 1, 2 and 4 in Crime No.31 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District for the offences punishable under Sections 61(2), 109, 115(2), 126(2), 140(2), 310(2), 311, 312, 317(3), 351(2) and 352 of the BNS, 2023 and Section 25(1)(b) of the Indian Arms Act, 1959, are before this Court in the above captioned two petitions filed under Sections 482 and 483 of BNSS, 2023 seeking anticipatory bail and regular bail respectively.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.31 of 2025 was registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District, for the aforesaid offences against five strangers, who came in a Swift Car, based on the first information dated 17.02.2025 received from Mohammad Ishak S/o. J. Abdul Khadar. During the course of investigation, accused -4- NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR Nos.2 and 4 were arrested on 03.04.2025 and subsequently remanded to the judicial custody. After completing investigation, charge sheet has been filed against 16 persons.
4. The bail application filed by accused Nos.2 and 4 before the Jurisdictional Sessions Court at Karwar in Crl.Misc.No.199 of 2025 was rejected on 28th June 2025. Therefore, they are before this Court in Criminal Petition No.103691 of 2025 seeking regular bail.
5. Apprehending arrest in the case, accused No.1 had filed Crl.Misc.No.219 of 2025 before the jurisdictional Sessions Court, which was rejected on 19th July 2025. Therefore, he is before this Court in Criminal Petition No.103142 of 2025 seeking anticipatory bail.
6. Learned counsel for the petitioners submits that the alleged incident had taken place on 27.01.2025 and the first information is belatedly filed on 17.02.2025, which is after a period of more than 20 days from the alleged date of -5- NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR incident. Though in the first information, it is stated that only five persons had participated in the crime, charge sheet has been now filed against 16 persons. They submit that as per the charge sheet allegations, accused Nos.3 to 7 are the persons, who had arrived at the spot of crime in a Swift Car. Accused Nos.3 and 5 have been granted anticipatory bail and accused Nos.6 and 7 have been granted regular bail by the jurisdictional Sessions Court. They submit that, except the petitioners herein and accused No.16, all the other accused have been granted bail in the present case. They have submitted a chart relating to the particulars of anticipatory bail and regular bail granted to other accused in the present case, which reads as follows and accordingly, they pray to allow the petitions. Sl.
Accused No. Bail Case No/date No. Crl.Misc.201/2025 1 Accused No.3 Anticipatory Bail Dt.28.06.2025 Crl.misc.293/2025 2 Accused No.5 Anticipatory Bail Dt.03.09.2025 3 Accused No.6 Regular Bail -- Crl.Misc.180/2025 4 Accused No.7 Regular Bail Dt.28.05.2025 5 Accused No.8 Anticipatory Bail Crl.Misc.201/2025 -6- NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR Dt.28.06.2025 Crl.Misc.201/2025 6 Accused No.9 Anticipatory Bail Dt.28.06.2025 Crl.Misc.140/2025 7 Accused No.10 Regular Bail Dt.29.04.2025 Crl.Misc.164/2025 8 Accused No.11 Regular Bail Dt.28.05.2025 Crl.Misc.140/2025 9 Accused No.12 Regular Bail Dt.29.04.2025 Crl.Misc.140/2025 10 Accused No.13 Regular Bail Dt.29.04.2025 Crl.Misc.165/2025 11 Accused No.14 Anticipatory Bail Dt.27.05.2025 Crl.Misc.165/2025 12 Accused No.15 Anticipatory Bail Dt.27.05.2025
7. Per contra, learned HCGP has opposed the petition. She submits that accused Nos.2 and 4 are persons with criminal antecedents. As against accused No.2, there are about 31 other criminal cases and as against accused No.4, there are 10 other criminal cases. She submits that recovery of robbed cash in the present case is not yet completed. Accordingly, she prays to dismiss the petitions.
8. In the first information dated 17.02.2025 submitted by Mohammad Ishak, it is stated that he is working as a driver with Rajendra Prakash Pawar, who is -7- NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR the owner of a jewellery shop at Mangaluru and his employer was sending him to deliver gold to his customers and collect cash from them. On 26.01.2025, his colleague Akash, had informed him that on 27.01.2025, he was required to go to Belagavi to deliver gold to one Sachin Jadav and collect a sum of Rs.2,95,00,000/-. First informant along with another driver by name Abdul Samadh had left Mangaluru in Hyundai Creta car after changing the original number plate of the said car and at about 11.30 a.m. on 27.01.2025, they had reached Belagavi and had contacted Akash over phone. As per the instructions of Akash, they had thereafter contacted one Tushar, who asked them to park their car in car parking near Belagavi Railway Station and subsequently, two persons, who came there, on instructions from Tushar, collected the gold from the first informant and had delivered cash of Rs.2,95,00,000/- which was kept by the first informant and Samadh in the safe lockers which were kept in the car and thereafter, they started their return journey to Mangaluru via Kalagatagi. -8-
NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR
9. At about 03.30 p.m. when they reached Arebail Ghat near Ankola, a swift car tried to overtake the car in which they were travelling and thereafter, at about 04.00 p.m., the said Swift car overtook the car in which the first informant and Samadh were travelling and from the said car, five persons, who were armed with deadly weapons, got down, and they pulled Samadh out of the car and took him in the swift car in which they had arrived. Three amongst the five persons boarded the car in which the first informant was travelling and after tieing his hands and covering his eyes with gum tapes, took him to with them and abandoned him in a isolated place at about 04.30 p.m. and went away.
10. Subsequently, when he removed the gum tape from his face, he found that the accused had escaped along with the money and his car and thereafter, he returned to Mangaluru and informed about the incident to his owner Rajendra Prasad Pawar. Since he was facing breathing problem because of the accused sticking gum tape on his -9- NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR face, he got admitted in a Hospital and subsequently, he came to know that the police had found a abandoned a Hyundai car on 28.01.2025 and had recovered a sum of Rs.1,14,99,500/- from the said car. It is under these circumstances, he had approached the police at Ankola on 17.02.2025 and submitted his first information, based on which, FIR was registered against five unknown persons. During the course of investigation, accused Nos. 2, 4, 6, 7, 10, 11, 12 and 13 were arrested. After completing investigation, charge sheet has been filed against 16 persons.
11. As per the charge sheet allegations, Samadh, who was the co-driver along with the first informant, who is now arrayed as accused No.16 in the charge sheet, had conspired with accused Nos.1 and 2 to commit robbery of the cash, which was being transported from Belagavi to Mangaluru in the Hyundai Creta car and in furtherance of such conspiracy, accused Nos.1 and 2 had contacted accused Nos.3 to 11, who had arranged for the vehicles to
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR commit the crime and also had contacted accused Nos.12 to
15. On the alleged date of incident, accused Nos.3 to 7 came in a swift car and had intercepted the Hyundai Creta car in which first informant and Samadh were travelling and thereafter, they had taken Samadh along with them in their swift car, while the remaining three had taken the first informant along with them in the Hyundai Creta Car and after abandoning the first informant in an isolated place, they allegedly had escaped in the Creta car in which the money was kept in the safe locker. Accused Nos.5 and 7 are the persons who allegedly took Samadh along with them in a swift car and accused Nos.3, 4 and 6 are the persons, who allegedly drove away the creta car along with the first informant and thereafter, abandoned the first informant in an isolated place and had escaped with the money which was kept in the Creta car.
12. As per the prosecution case, the Creta car was subsequently abandoned by the accused, which was found by the police on 28.01.2025 and from the said abandoned
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR car, a sum of Rs.1,14,99,500/- was recovered. According to the prosecution, another sum of Rs.5,00,000/- was found lying at the isolated spot where the accused persons had abandoned the first informant and had escaped. The said amount of Rs.5,00,000/- was brought by the first informant and was handed over to his owner Rajendra Prasad. According to the prosecution, the remaining amount of Rs.1,75,00,000/- is yet to be recovered in the present case.
13. As per the charge sheet allegations, accused Nos.3 to 7 were the persons, who came in the swift car and after intercepting the Hyundai Creta car in which first informant and Samadh (accused 16) were travelling, they had committed the crime on 27.01.2025. Accused Nos.3 and 5 have been granted anticipatory bail in the present case by the jurisdictional Sessions Court and accused Nos.6 and 7 have been granted regular bail by the jurisdictional Sessions Court. The chart furnished by learned counsel for the petitioners would go to show that except the petitioners herein and accused No.16, all the other accused persons in
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR the present case have been granted anticipatory bail or regular by the jurisdictional Court of Sessions. The State has not questioned the said orders till date. The only allegation against accused No.1 is that he along with accused No.2 had conspired with accused Nos.3 to 11 to commit the crime. Undisputedly, he was not present at the spot of crime. Therefore, he has made out a case for anticipatory bail.
14. According to the prosecution, accused Nos.3 to 7 had arrived at the spot of crime in the swift car and accused Nos.8 to 10 had followed them in an Audi Car bearing registration No.KL-11/AY665. Except accused No.4, all the other accused, who had arrived at the spot of crime in the swift car bearing registration No.KA-19/MN6574 have been granted either anticipatory bail or regular bail in the present case. Though the alleged incident had taken place on 27.01.2025 itself, for a period of more than 20 days, FIR was not registered. It is not the case of the prosecution that the first informant was assaulted and injured in the incident
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR that had taken place on 27.01.2025. Therefore, the in- ordinate delay of more than 20 days in approaching the police remains unexplained in the present case.
15. In the abandoned car, a sum of Rs.1,14,99,500/- was allegedly left behind by the accused while allegation against them is that they had taken away only a sum of Rs.1,75,00,000/-. Accused No.16 was the inmate of Creta car in which the first informant was transporting the money from Belagavi to Dharwad and the money which was collected by first informant and Samadh (accused No.16) at Belagavi was kept in the safe locker inside the car and therefore, accused No.16 was very well aware about the money kept in the car. Even though some of the accused have been arrested in the present case, during the course of investigation, there is no recovery of money from the said accused. Further, in the charge sheet, it is mentioned that the proceedings of Test Identification Parade is yet to be received in the present case from the office of the Tahsildar. However, the fact remains that out of 5 accused
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR persons, who had arrived at the spot of crime in swift car bearing registration number KA-19/MN6574, two of them have been granted anticipatory bail and other two have been already granted regular bail. Learned counsel for the petitioners have submitted that accused Nos.2 and 4 have been enlarged on bail in all the other criminal cases, which were registered against them.
16. Considering the peculiar facts and circumstances of the case, merely for the reason that accused Nos.2 and 4 are persons with criminal antecedents, their prayer for grant of regular bail cannot be rejected in the present case. More so, when similarly placed other accused have been enlarged on bail. Under the circumstances, I am of the opinion that the accused Nos.2 and 4 have made out a case for grant of regular bail in their favour. Accordingly, the following ORDER (I) The Criminal Petitions are allowed. The petitioners/accused Nos.2 and 4 are directed to be enlarged
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR on bail in Crime No.31 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District for the offences punishable under Sections 61(2), 109, 115(2), 126(2), 140(2), 310(2), 311, 312, 317(3), 351(2) and 352 of the BNS, 2023 and Section 25(1)(b) of the Indian Arms Act, 1959, subject to the following conditions:
a) Petitioners/accused Nos.2 and 4 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners/accused Nos.2 and 4 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners/accused Nos.2 and 4 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners/accused Nos.2 and 4 shall not involve in similar offences in future;
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NC: 2025:KHC-D:12414 CRL.P No. 103142 of 2025 C/W CRL.P No. 103691 of 2025 HC-KAR
e) The petitioners/accused Nos.2 and 4 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
(II) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner/accused No.1 in the event of his arrest in Crime No.31 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttara Kannada District for the offences punishable under Sections 61(2), 109, 115(2), 126(2), 140(2), 310(2), 311, 312, 317(3), 351(2) and 352 of the BNS, 2023 and Section 25(1)(b) of the Indian Arms Act, 1959, subject to the following conditions:
1. The petitioner/accused No.1 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
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2. Petitioner/accused No.1 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner/accused No.1 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The Petitioner/accused No.1 shall not involve in similar offences in future;
Sd/-
(S.VISHWAJITH SHETTY) JUDGE VNP & DN / CT: BCK LIST NO.: 1 SL NO.: 20