Kalmesh Shantappa Ambiger (as Per Charge Sheet), Kalmesh S/O Shantappa Ambiger Vs State of Karnataka

KALMESH SHANTAPPA AMBIGER (AS PER CHARGE SHEET), KALMESH S/O SHANTAPPA AMBIGER (AS PER SESSIONS ORDER) AGE. 22 YEARS, OCC. LABOURER/COOLIE, R/O. NEAR DCC BANK VIJAYAPURA, VIJAYAPURA, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE 591102.

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Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench

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MUTTU @ MUTTURAJ MALLAPPA WALIKAR (AS PER CHARGE SHEET) MUTTU @ MUTTURAJ S/O MALLAPPA WALIKAR (AS PER SESSIONS COURT ORDER) YASAVANT MALLAPPA WALIKAR, (AS PER ADHAR CARD) AGE. 22 YEARS, OCC. LABOURER/COOLIE, R/O. NEAR DCC BANK VIJAYAPURA, ALAKUNTE NAGAR, VIJAYAPURA, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE 599102.

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…PETITIONERS

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(BY SRI. SACHIN C. ANGADI, ADVOCATE)

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NC: 2026:KHC-D:100 CRL.P No. 104833 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA THROUGH TOWN PS, JAMAKHANDI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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…RESPONDENT

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(BY SRI. P.N. HATTI, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. / 482 OF BNSS 2023, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.6 AND 7/ PETITIONERS ON ANTICIPATORY BAIL IN CRIME NO. 18/2024 REGISTERED BY THE TOWN PS, JAMAKHANDI, OFFENCES PUNISHABLE U/S 143, 147, 148, 323, 324, 326, 307, 504, 506 R/W 149 OF IPC PENDING ON THE FILE PRL. CIVIL JUDGE (SR. DN.,), AND CJM COURT, JAMAKHANDI IN BEARING CASE NO. CC. 30/2025, IN THE INTEREST OF JUSTICE.

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THIS 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 V.SRISHANANDA)

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Heard Sri.Sachin Angadi and Sri.P.N.Hatti-learned High Court Government Pleader, for the parties.

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This Court has granted anticipatory bail to accused No.1. The present accused petitioners were not shown as accused in the FIR and were later arraigned as additional accused. The petitioners have been shown as absconding accused. Taking note of the fact that the petitioners were not

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3 - NC: 2026:KHC-D:100 CRL.P No. 104833 of 2025

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HC-KAR

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named as accused in the FIR and were later arraigned as accused, the petitioners are now seeking grant of anticipatory bail on the ground of parity.

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Learned High Court Government Pleader, however, opposes the bail grounds.

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Taking note of the fact that the petitioners are yet to be served in the pending sessions case and if the petitioners are directed to appear before the Investigation Officer and a limited period of custodial interrogation is ordered and if any incriminatory materials are elicited in such custodial interrogation, the Investigation Officer be permitted to file a supplementary charge sheet. The petition needs to be allowed so as to strike a harmonious balance between the need of the prosecution and the right of the petitioner.

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Hence, the following order:

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ORDER

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(i) The petition is allowed. (ii) The petitioners are directed to join the investigation by appearing before the

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NC: 2026:KHC-D:100 CRL.P No. 104833 of 2025

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HC-KAR

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Investigation Officer on 17.01.2026

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at 10.00 a.m.

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(iii) Investigation Officer is at liberty to take them into custody and complete the investigation before 06.00 p.m. on the same day and thereafter enlarged them on bail on taking a bond in a sum of ₹1,00,000/- with two sureties for the like sum.

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(iv) The petitioners shall also make their appearance before the Trial Court on the next date of hearing positively and continue to attend the Court regularly.

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