Kiran S/O Basavaraj Badiger Vs State of Karnataka

KIRAN S/O BASAVARAJ BADIGER AGE. 31 YEARS, OCC. BUSINESS, R/O. NAGASHETTYKOPPA DODDA ONI, KESHWAPOOR HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE. 580023.

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…PETITIONER

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(BY SRI. AVINASH M. ANGADI, ADVOCATE)

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AND:

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

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STATE OF KARNATAKA THROUGH BENDIGERI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580011.

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

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THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, 2023, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.8/PETITIONER ON REGULAR BAIL IN CRIME NO.126/2025 WHICH IS REGISTERED BY BENDIGERI POLICE STATION, HUBBALLI FOR THE OFFENCES P/U/SEC. 189(2), 191(2), 191(3), 190, 126(2), 109, 103, 61(2), 54, 352, 351(3) OF BNS, 2023 PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC COURT, HUBBALLI, IN THE INTEREST OF JUSTICE.

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NC: 2026:KHC-D:115 CRL.P No. 105330 of 2025

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HC-KAR

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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 Avinash M.Angadi, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent.

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“WHEREFORE, the Petitioner/Accused no.8 most humbly prays that this Hon'ble Court be pleased to allow this petition and enlarge the Accused no.8/Petitioner on Regular bail in Crime No.126/2025 which is registered by Bendigeri Police Station, Hubballi for the offences punishable under section 189(2), 191(2), 191(3), 190, 126 (2), 109, 103, 61(2), 54, 352, 351(3) of Bharathiya Nyaya Sanhita - 2023 pending on the file Hon'ble III Addl. Civil Judge and JMFC Court, Hubballi in the interest of justice.”

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Petitioner is the accused No.8 in Crime No.126/2025 on the file of Bendigari Police dated 14.11.2025. Role assigned to the petitioner which was registered for the offences under Section 189(2), 191(2),

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NC: 2026:KHC-D:115 CRL.P No. 105330 of 2025

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HC-KAR

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191(3), 190, 126(2), 109, 103, 61(2), 54, 352, 351(3) of bns, 2023.

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Role assigned to the petitioner is he has lent his car for the purpose of the accused persons to commit the crime and escape in the car belonging to the accused No.8.

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Petitioner was apprehended and sent to judicial custody. Attempt made by the petitioner for grant of bail is turned down by the learned trial Judge in Crl.Misc.No.5635/2025 by order dated 09.12.2025.

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Thereafter, petitioner is before this Court.

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Sri Avinash Angadi, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that petitioner has no role whatsoever in the incident and the car that was belonging to the petitioner has been taken away by the other accused persons and he was not knowing for what purpose the vehicle was taken and therefore sought for grant of bail.

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NC: 2026:KHC-D:115 CRL.P No. 105330 of 2025

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HC-KAR

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Per contra, Sri P.N.Hatti, learned High Court

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Government Pleader opposes the bail grounds.

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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, even according to the prosecution, role assigned to the present petitioner is only to the extent of lending his car for the other accused persons. At the time of lending the car, hardly petitioner would have known about the intention of the accused otherwise he would not have lent the car to the other accused persons.

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Anyway it is a matter that has to be established during the trial. At this stage, there are no grounds to deny the bail to the petitioner having regard to the fact that he has been arrested on and from 18.11.2025 and the investigation is also progressed to considerable extent.

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NC: 2026:KHC-D:115 CRL.P No. 105330 of 2025

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HC-KAR

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Yet another apprehension that has been

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expressed by the prosecution is that grant of bail to the present petitioner would act as a ground of parity for the other accused persons. Such an apprehension can be met with by making proper observation.

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Accordingly, following order is passed.

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ORDER

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i. Petition is allowed .

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ii. Petitioner is directed to be enlarged on bail on taking a bond in a sum of ₹1,00,000/with two sureties for the like sum to the satisfaction of the Trial Judge.

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