Dinesh S/O. Tanaji Patil & Ors vs State Of Karnataka

Hanchate Sanjeevkumar, J

This petition is filed by the petitioners/accused Nos.2 and 4 to 9, under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 Hereinafter referred to as the 'BNSS, 2023' Hereinafter referred to as the 'BNS, 2023', seeking to release the petitioners/accused persons on bail in Crime No.96/2026 of Yamakanmardi Police Station, Belagavi District, registered for the offences punishable under Sections 126(2), 115(2), 140(3), 310(2), 311 of Bharatiya Nyaya Sanhita, 2023 Hereinafter referred to as the 'BNS, 2023', pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC, Sankeshwar, by allowing this criminal petition.

It is the case of the prosecution that the complainant was transporting cattle in Bolero vehicle and it was intercepted by some unknown persons, they assaulted the driver of the Bolero vehicle and taken away the Bolero vehicle and they stolen the cattle and thereafter the Bolero vehicle was given to the complainant. Therefore, complainant lodged complaint against some unknown persons.

Heard Sri Shiva Shirur, learned counsel for petitioners and Smt.Girija S. Hiremath, learned HCGP for the respondent State and perused the material placed before the Court.

Learned counsel for the petitioners submitted that the entire complaint is false, just to fix the petitioners and others as accused in the case with an ulterior motive having mala fide intention complaint is lodged. Therefore, this Court in Crl.P.No.100775/2026 has stayed the entire proceedings in the Crime and though this was placed before the learned Sessions Court, the learned Sessions Court has dismissed the application. When this Court stayed the proceedings and in this case if bail petition is not allowed, then the petitioners will be incarcerated in jail for long term and therefore prays to enlarge the petitioners on bail. Further submitted that neither the offences are punishable with death or imprisonment for life. Therefore, prays to grant bail to the petitioners.

The learned HCGP vehemently opposes for grant of bail and prays to reject petition.

Upon considering the complaint and FIR averments and the material made available before the Court at this stage, the complaint is against unknown persons and the petitioners are not named in the FIR. Upon perusal of the complaint, it is alleged that four cattle and vehicles were taken away. But it is submitted that the vehicle was returned to the complainant. Therefore, at this stage the submission made by the learned counsel for petitioners that four cattle were saved and only for the purpose of saving the cattle and having no intention to commit theft, but false complaint is filed. Therefore, there would not be any intention on the part of the alleged persons to commit theft.

Further, this Court in Crl.P.No.100775/2026 has granted stay to the further proceedings in the crime. Therefore, if the petitioners are not enlarged on bail, as the investigation is halted in view of the stay granted by this Court, the petitioners will be incarcerated in the jail for long time. The petitioners are in custody since 21.03.2026. Therefore, without expressing any opinion on merits of the case, this Court is of the opinion to enlarge the petitioners on bail. Accordingly the petition is liable to be allowed. Hence, I proceed to pass the following:

ORDER

i) The criminal petition is allowed.

ii) The petitioners/accused Nos.2 and 4 to 9 are ordered to be enlarged on bail in the event of their arrest in Yamakanmaradi P.S. Crime No.96/2026, registered for the offences punishable under sections 126(2), 115(2), 140(3), 310(2), 311 of Bharatiya Nyaya Sanhita, 2023, pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC, Sankeshwar, subject to the following conditions.

a) The petitioners/accused persons shall execute a personal bond for a sum of Rs.1,00,000/- each along with one surety for the like sum to the satisfaction of the Trial Court.

b) The petitioners/accused persons shall appear before the trial Court and shall seek for regular bail within ten days from the date of receipt of a copy of this order.

c) The petitioners/accused persons shall not indulge in any criminal case.

d) The petitioners/accused persons shall not leave the jurisdiction of the Trial Court without prior permission of the Court.

e) The petitioners/accused persons shall not tamper and threaten the prosecution witnesses in any manner.

f) The petitioners/accused persons shall mark their attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m., till filing of charge sheet.

g) The petitioners/accused persons shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.

iii) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.