Shri. Mahesh S/O. Sitaram Kale Vs the State of Karnataka

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NC: 2025:KHC-D:5844 CRL.P No. 100776 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO.100776 OF 2025 (439(Cr.PC)/483(BNSS))

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BETWEEN:

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SHRI MAHESH S/O. SITARAM KALE, AGE: 47 YEARS, OCC. AGRICULTURE, R/O. RAMAPUR, TQ. GANGAPUR, DIST. CHHATRAPATHI SHIVAJINAGAR, AURANGABAD, MAHARASHTRA STATE.

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…PETITIONER

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(BY SRI ROSHAN SAHEB CHABBI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH GOKUL ROAD P.S., REPRESENTED BY S.P.P HIGH COURT, DHARWAD BENCH, DHARWAD-580011.

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…RESPONDENT

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MALLIKARJUN RUDRAYYA KALMATH

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Digitally signed byMALLIKARJUN RUDRAYYAKALMATH Location: High Court ofKarnataka, Dharwad BenchDate: 2025.04.09 15:58:06+0530

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(BY SMT.GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS 2023, UNDER SECTION 439 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.135/2024 OF GOKUL ROAD P.S., HUBBALLI, NOW PENDING ON THE FILE OF THE LEARNED JMFC 3^RD COURT, HUBBALLI, FOR THE ALLEGED COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 310(2) AND 62 OF THE BHARATIYA NYAYA SANHITA 2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:5844 CRL.P No. 100776 of 2025

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri.Roshan Saheb Chabbi, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent –State.

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Bail request by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) in respect of Crime No.135/2024 for the offences punishable under Section 310(2) and 62 of Bharatiya Nyaya Sanhita, 2023(hereinafter for short ‘BNS’).

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Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

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3.1 On 07.10.2024 Chandrashekar S/o Hanumanna lodged a complaint with Gokul road Police Station contending that he is residing in Hubballi along with his family members and is working as Chief officer in Pattana

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Panchayath. On 05.10.2024 at 7 p.m. he had been to Nandyahal Andra Pradesh State and intimated the same to his neighbour Sri. Ashok Javali.

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3.2 On 06.10.2024, they returned to Hubballi from Nandyahal in a train. On 07.10.2024 at about 4 a.m., he received a telephone call from Ashok Javali that near 3 a.m. about 5-6 persons had forcibly entered his house

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and they have forcibly broke open the front door, damaged the window panel and glasses. He also intimated that those 5-6 persons were in the process of committing dacoity in his house.

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3.3 Immediately after return to Hubballi, he rushed to the spot around 9 a.m. and noticed the damages caused to his house. Upon receipt of the said complaint, Police registered the case in Crime No.135/2024 as aforesaid and conducted the investigation, they conducted spot panchanama and collected stones glass pieces etc. in the place of incident.

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NC: 2025:KHC-D:5844 CRL.P No. 100776 of 2025

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3.4 They kept in search of the people who indulged in the said act and when the patrolling duty was on, on 09.01.2025 at about 8 am present petitioner was arrested from Vishweshwara Nagara and produced before the investigation officer by the sub-staff.

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3.5 On enquiry, he said to have given voluntary statement. Based on such statement, he has been produced before the jurisdictional Magistrate after arrest, with remand application.

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3.6 As many as eight cases are already pending against the petitioner including three cases registered by the Gokul Road Police Station, Hubballi and remaining five cases in different parts of Maharastra State. Cases are pending since the year 1998 against the petitioner.

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3.7 It is also contended that, the petitioner is known criminal and he tried to escape away from the clutches of Law, Police had open fire and shoot the petitioner on his leg. Taking note of these submissions, the bail request by the petitioner is turned down by the learned District Judge

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in C.Misc.No.5030/2024 by order dated 27.01.2025 and thereafter petitioner is before this Court.

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Sri.Roshan Chabbi, learned counsel for the petitioner contended that in order to take away the benefit of bail order already granted to the petitioner, Gokul Road police are foisting false cases one after the other against the petitioner on false and flimsy grounds and therefore sought for grant of bail.

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He would further contend that the petitioner is

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innocent and merely on the ground that eight cases are pending against him would not and should not act as a deterrent in exercising the powers by this Court in his case to enlarge the accused-petitioner on bail and sought for allowing the petition.

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Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader opposes the bail ground by contending that petitioner is a known criminal as could be seen from the number of cases which are pending

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against him right from year 1998. It would include offence under Section 326, 395 IPC.

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She would further contend that after the benefit

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of grant of bail, there was no necessity for the petitioner to be present on 09.01.2025 at Vishweshwara Nagar, Hubbali, as petitioner is a permanent resident of Maharastra State. Very fact that he was found at 8 p.m. in Vishweshwara nagar on 09.01.2025 and Police capturing him from the place of incident from Vishweshwara Nagar would i pso facto makes out a case that he was in the process of committing dacoity and therefore, his bail petition is to be rejected.

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Having heard the arguments of both sides, this Court perused the material on record meticulously.

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On such perusal of the material on record, it is crystal clear that petitioner has been granted bail in Crl.Misc.No.5604/2024 and C.Misc.No.5635/2024 in respect of Crime No.136/2024 and Crime No.85/2023.

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Remand application filed before the trial Court

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would make it clear that cases are pending against the petitioner right from the year 1998. Offences include, the offence of theft, dacoity, voluntarily causing grievous hurt etc.

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Admittedly, in all those cases, petitioner is not properly appearing before the Court as could be seen from the material on record. Therefore, the trial against the petitioner is pending.

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Fact that he had been shooted by the police in respect of another incident on his leg when he tried to escape from the clutches of the police earlier, shows the conduct of the petitioner.

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Learned trial Judge while considering the bail request in paragraph No.3 of his order specifically detailed out as to the number of cases which are pending against him based on the information provided by the prosecution. Taking note of the number of cases which are pending against the petitioner and further attempt to commit

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dacoity even after obtaining the bail in respect of earlier cases shows that petitioner is a habitual. As such, if the petitioner is enlarged on bail, there is every possibility of petitioner fleeing away from justice.

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Therefore, apprehensions as expressed by the petitioner cannot be brushed aside lightly which is one of the prime requirements while considering fresh bail request of the petitioner in respect of the present crime.

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