Karnataka High Court
Sri. Dinesh S/O Tanaji Patil vs The State Of Karnataka on 7 May, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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CRL.P No. 100916 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 07TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100916 OF 2026
(439 CR.P.C./483 BNSS)
BETWEEN:
1. SRI DINESH S/O. TANAJI PATIL
AGE. 23 YEARS, OCC. STUDENT,
R/O. SULAGA VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UPT NO.5484.
2. SRI PRAJWAL S/O. PUNDALIK PATIL
AGE. 20 YEARS, OCC. STUDENT,
R/O. KALLEHOL VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5464
Digitally signed by
MALLIKARJUN
RUDRAYYA KALMATH 3. SRI ROHIT S/O. MANOHAR NEELAJKAR
Location: High Court AGE. 23 YEARS, OCC. STUDENT,
of Karnataka, Dharwad
Bench. R/O. SULAGA VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5465.
4. SRI ROHIT S/O. BANDU PATIL
AGE. 22 YEARS, OCC. STUDENT,
R/O. SULAGA VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5466.
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5. SRI NAGARAJ S/O. BAHURAV THUMARI
AGE. 22 YEARS, OCC. STUDENT,
R/O. KAKATI VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5488.
6. SRI NIKHIL MANGESH NAIK
AGE. 23 YEARS, OCC. STUDENT,
R/O. KAKATI VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5489.
7. SRI SHUBHAM S/O. SHIVAJI KADOLKAR
AGE. 29 YEARS, OCC. AGRICULTURE,
R/O. HINDALAGA VILLAGE,
TQ. AND DIST. BELAGAVI-590001,
CURRENTLY LODGED AT HINDALGA
CENTRAL JAIL BELAGAVI WITH UTP NO.5510.
...PETITIONERS
(BY SRI SHIVA SHIRUR, ADVOCATE.)
AND:
THE STATE OF KARNATAKA,
THROUGH IO YAMAKANAMARDI P S
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
...RESPONDENT
(BY SMT. GIRIJA S.HIREMATH, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CRIMINAL PROCEDURE CODE , 1973 (UNDER SECTION
483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)
PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
YAMAKANMARDI P.S. CRIME NO.96/2026, PENDING BEFORE THE
ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, SANKESHWAR,
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REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
126(2), 115(2), 140(3), 310(2), 311 OF BHARATIYA NYAYA
SANHITA, 2023, TO MEET THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This petition is filed by the petitioners/accused Nos.2
and 4 to 9, under Section 483 of the Bharatiya Nagarika
Suraksha Sanhita, 20231, 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, 20232,
pending on the file of Additional Civil Judge (Jr.Dn.) and
JMFC, Sankeshwar, by allowing this criminal petition.
2. 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
1
Hereinafter referred to as the ‘BNSS, 2023’
2
Hereinafter referred to as the ‘BNS, 2023’
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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.
3. 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.
4. 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,
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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.
5. The learned HCGP vehemently opposes for grant
of bail and prays to reject petition.
6. 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
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would not be any intention on the part of the alleged
persons to commit theft.
7. 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),
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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.
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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.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
HMB-up to para 4
MRK-Para 5 to end
CT: UMD
List No.: 1 Sl No.: 19.1
