Anser S/O. Khadir Alias H K Anser Vs the State of Karnataka

ANSER S/O. KHADIR @ H K ANSER, S/O. KHADAR SAHEB, AGE. 38 YEARS, OCC. COOLIE, R/O. HALAGE SUNNAD MANE VINTUR KATTE, KAIMAR, TQ. THIRTHALLI, DIST. SHIVAMOGGA-577418.

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…PETITIONER

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(BY SRI. S.N. KHAN, ADVOCATE)

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AND:

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, THROUGH THE DHARWAD RURAL POLICE STATION, DHARWAD R/BY H.C.G.P., HIGH COURT BUILDING BENCH, DHARWAD-580011.

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…RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONERACCUSED NO.17 ON REGULAR BAIL IN DHARWAD RURAL PS CRIME NO.177/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 310(2), 310(5), 62(1), 333 OF B.N.S., SECTION 42(3)(A) OF TELECOMMUNICATIONS ACT, 2023 AND UNDER SECTION 25(1-B) OF ARMS ACT PENDING ON THE FILE OF IV ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:14935 CRL.P No. 104329 of 2025

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HC-KAR

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner/accused No.17 is before this

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Court, seeking bail in Crime No.177/2025 of respondentpolice pending on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad.

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The complainant has lodged a complainant stating that he was the resident of Mamata Farm House, Daddi Kamalapur and he was working as a coolie in the said farm house and living along with other inmates.

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On 12.08.2025 around about 09.30 p.m. when they were sleeping in the farm house along with others, around about 01.30 a.m. some unknown persons trespassed into the farm house and stolen the mobile phones by applying the adhesive tape on the mouth of the complainant and another. After the incident they fled away from the spot.

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NC: 2025:KHC-D:14935 CRL.P No. 104329 of 2025

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HC-KAR

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On the following day around about 14.30 hours,

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he lodged a complaint before Dharwad Rural Police. The respondent-police after registering the case, conducted investigation. During investigation the name of the petitioner has been unfolded on record as disclosed by the co-accused. Therefore, the petitioner is before this Court seeking for regular bail.

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Heard Sri. S.N. Khan, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent – State.

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The submission of the learned counsel for the petitioner/accused No.17 is that, he has been falsely implicated in this case at the instance of the complainant. No identification parade has conducted to identify the petitioner and nothing has been recovered at his instance.

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Even though, it is alleged that two mobile phones

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were stolen, the said mobile phones were allegedly recovered from accused No.1.

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It is further submitted that the petitioner is an earning member of the family and he is a permanent

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4 - NC: 2025:KHC-D:14935 CRL.P No. 104329 of 2025

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HC-KAR

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resident of Shivamogga District and he will abide the conditions imposed by this Court in the event of his release on bail.

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Per contra, learned High Court Government

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Pleader vehemently submitted that accused No.1 and others trespassed into the farm house where the complainant and others were sleeping and snatched the mobile phones by applying the adhesive tapes on the mouth of the complainant and others. In fact, the said mobile phones have been recovered at the instance of accused No.1. The petitioner is one of the associates of accused No.1, therefore, it is not appropriate to grant him bail.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the record would indicate that, the incident allegedly took place at about 01.30 a.m., on 13.08.2025. The complainant has not identified the presence of the petitioner at the spot. When the presence of the accused/petitioner at the spot is an ambiguity, it is

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5 - NC: 2025:KHC-D:14935 CRL.P No. 104329 of 2025

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HC-KAR

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appropriate to grant him bail by imposing suitable conditions.

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Hence, I proceed to pass the following:

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ORDER

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i) The petition is allowed.

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ii) The petitioner who is accused No.17 is ordered to be enlarged on bail in Crime No.177/2025, of respondent-police, on executing personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) with one surety to the satisfaction of the Trial Court.

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iii) The petitioner shall appear before the Trial Court on all hearing dates, without fail.

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iv) The petitioner shall not threaten the prosecution witnesses.

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v) The petitioner shall not commit similar or any other criminal offences till disposal of the case.

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6 - NC: 2025:KHC-D:14935 CRL.P No. 104329 of 2025

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HC-KAR

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vi) The petitioner shall furnish his current and permanent address proof before the respondent police within a period of one month from today.

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In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

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Sd/(S.RACHAIAH) JUDGE

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MRK/CT: UMD List No.: 2 Sl No.: 5

Anser S/O. Khadir Alias H K Anser v. the State of Karnataka

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Anser S/O. Khadir Alias H K Anser v. the State of Karnataka

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