Sri. Dinesh S/O Tanaji Patil vs The State Of Karnataka on 7 May, 2026

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    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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                                                                  NC: 2026:KHC-D:6509
                                                             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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                                     CRL.P No. 100916 of 2026
    
    
    HC-KAR
    
    
    
    
    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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                                                       NC: 2026:KHC-D:6509
                                                  CRL.P No. 100916 of 2026
    
    
        HC-KAR
    
    
    
    
    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

    SPONSORED

    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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    CRL.P No. 100916 of 2026

    HC-KAR

    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



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