Mangesh @ Mangya Vs the State of Karnataka

THE STATE OF KARNATAKA, THROUGH LINGASUGUR POLICE STATION, DIST: RAICHUR IT'S REPRESENT BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH, DIST. KALABURAGI-585103.

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…RESPONDENT

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(BY SRI GOPALKRISHNA B. YADAV, HCGP)

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2 - NC: 2025:KHC-K:1631 CRL.P No. 200392 of 2025

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THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S 482 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION THERE BY ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.179/2024, REGISTERED BY THE LINGSUGUR POLICE STATION, DIST RAICHUR FOR OFFENCES PUNISHABLE FOR THE OFFENCES U/S 332, 333, 353, 307, 308, 398, 399 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT AT LINGSUGUR, DIST. RAICHUR IC CC NO.1026/2024.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL ORDER

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

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This petition is filed by accused Nos.4 and 5 seeking for anticipatory bail in Crime No.179/2024, registered by the Lingsugur Police Station for the offences punishable under Sections 332, 333, 353, 307, 308, 398, 399 of IPC.

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It is the case of the prosecution that on 28.06.2022 at about 10-45 p.m., the Police Inspector of Lingsugur Police Station received an information that the

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petitioners were traveling along with others in the Scorpio vehicle bearing No.KA-36/P-9229 for the purpose of committing dacoity. On receiving the said information, the Police Inspector went to the spot along with his subordinates, blocked the road by putting barricades and also parked the lorry to avoid the Scorpio vehicle going through the said road. It is further stated that when the vehicle of the accused came near Mata Manikeshwari temple at Kalaburagi road at about 11-00 p.m., C.W.1 gave a signal to the driver of the Scorpio vehicle to stop it. However, the driver attempted to escape from the spot and tried to run over the vehicle on the police officials. Thereafter, the police have started chasing the Scorpio vehicle. The driver of the Scorpio vehicle after watching the barricades which were put on the road near Basavasagar cross, started reversing the said vehicle and hit the vehicle of police inspector. When the police officials were chasing the accused to catch them, they were thrown chilly powder. Further, it is stated that the accused were trying to assault the police officials with iron rod, machete

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and stones. In the scuffle, three of them have been apprehended and two of them absconded. Based on the complaint, a case came to be registered in Crime No.179/2024 for the offences stated supra against the five persons. After completing the investigation, the investigating officer submitted the charge sheet.

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It is the submission of the learned counsel for

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the petitioners that, the petitioners are innocent of the alleged offences. They are farmers and permanent residents of Maldara Tanda, Yadgiri District and they are the earning members of the respective families. Though there are allegations made against the petitioners, the said allegations are at the instance of the co-accused. In other words, on the basis of the statements of the coaccused, these petitioners have been arrayed as accused Nos.4 and 5.

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It is further submitted that though there are several cases said to have been registered against these petitioners, nothing has been recovered from the

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petitioners. The respondent/police have filed false cases in order to implicate them in many of cases. Hence, they may be enlarged on bail by imposing suitable conditions. They will abide by the terms and conditions that may be imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the petition.

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Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioners are seeking anticipatory bail for the offences stated supra which are heinous in nature. The investigation is required to be carried out to unearth the real facts and the co-accused who have been arrested in the case have disclosed their names and they are the habitual offenders and there are as many as five cases are pending against them. Such being the fact, allowing them to Scot-free from the case would be like giving a free passport for them to commit similar offences. Therefore, it is not appropriate to grant

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them bail. Making such submissions, he prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears that, though C.W.1 lodged a complaint against all the five accused who were there in the car, he stated to have managed to secure the presence of three accused and two of them have escaped from their clutches.

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The names of those persons who stated to have escaped from their clutches known to them through the statement of the co-accused. Be that as it may. The coaccused are already enlarged on bail in connection with the same case. Therefore, it is appropriate to consider this bail application and enlarge these petitioners on bail on the ground of party.

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Having considered the facts and circumstances

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of the case, it is appropriate to allow the petition by imposing suitable conditions.

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7 -

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NC: 2025:KHC-K:1631 CRL.P No. 200392 of 2025

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Hence, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The respondent/Police is directed to release the petitioners in the event of their arrest in Crime No.179/2024 registered by the Lingsugur Police Station, for the offences punishable under Sections 332, 333, 353, 307, 308, 398, 399 of IPC, pending before the Principal Civil Judge and JMFC Court, Lingsugur in C.C.No.1026/2024, subject to the following conditions:

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(i) The petitioners shall execute personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer.

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(ii) The petitioners shall not leave the jurisdiction of the Trial Court till disposal of the case.

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(iii) The petitioners shall appear before the Trial

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Court on all hearing dates without fail.

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Sd/(S RACHAIAH)

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RSP List No.: 1 Sl No.: 24 CT:PK

Mangesh @ Mangya v. the State of Karnataka

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Mangesh @ Mangya v. the State of Karnataka

Case brief

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