IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101267 OF 2025 (439(Cr.PC)/483(BNSS)

BETWEEN:

ARBAZ KHAN @ ARBAJ S/O. SARDAR KHAN, AGE: 29 YEARS, OCC: COOLIE, R/O KILLA AREA, NOW RESIDING AT LAXMI CAMP, GANGAVATHI, DIST. KOPPAL …PETITIONER (BY SRI SADIQ N GOODWALA, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH SUB-INSPECTOR OF POLICE, GANGAVATHI RURAL POLICE STATION, Digit ally KOPPAL, DIST. DHARWAD signed by V N BADIGER REPRESENTED BY THE STATE PUBLIC PROSECUTION, Location: High HIGH COURT OF KARNATAKA, DHARWAD BENCH Court of Karnataka, Dharwad …RESPONDENT Bench (BY SMT. GIRIJA S. HIREMATH, HCGP)

THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.

(UNDER SECTION 483 OF BNSS, 2023) SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO. 0226/2024 OF GANGAVATHI RURAL P.S. FOR OFFENCE P/U/SEC. 132, 109(1), 121(1), 115(1), 352, 351(2), 238 R/W SEC-3(5), 281, 125, 125(a) OF BNS 2023 AND SEC. 183, 184, 192, 196 AND 177 OF IMV ACT PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT GANGAVATHI KOPPAL.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri.Sadiq N. Goodwala, learned counsel for the petitioner and Smt. Girija S. Hiremth, learned High Court Government Pleader for respondent-State.

2. Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’)

with following prayer:

“To release the petitioner/accused No.1 on bail in Crime No. 0226/2024 of Gangavathi Rural P.S. for offence punishable under Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238 R/W. Sections 3(5), 281, 125, 125(A) of BNS 2023 and Sections 183, 184, 192, 196 and 177 of IMV Act Principal Civil Judge (Jr.Dn.) and JMFC Court Gangavathi Koppal.”

3. Facts in a nutshell for disposal of the revision petition are as under:

Pundappa, Police Sub-Inspector, Gangavathi Rural Police Station, lodged a complaint which was registered in Crime No.226/2024 on 09.10.2024. The offences alleged against the petitioner for the offences punishable under Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238 read with Section 3(5), 281, 125, 125(a) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) Sections 183, 184, 192, 196 and 177 of the Indian Motor Vehicles Act.

4. The complaint averments would reveal that on

09.10.2024 at about 9.30 p.m., he received a credible information that near Hemagudda Durgamma Temple, in the wake of the Dussehra festival at about 4.30 p.m. from Gangavathi side, three persons were proceeding on Yamaha RX-135 motorcycle and they were in the process of adventure activity namely ‘Wheeling’ or ‘wheelies’

(lifting the front wheel while the motorcycle is moving).

5. Since the complainant was in patrolling duty, tried to intercept the said motorcycle. At that juncture, rider of the motorcycle and two of other persons, who were on the motorcycle, fell down on account of the skid of motorcycle.

6. Immediately, when the Police went to help them, they started abusing the complainant and sub-staff in filthy language. Thereafter, they even went to the extent of man handling the Police personnel and mobile telephone possessed by sub-staff was snatched and thrown into Tungabhadra canal. When the same was questioned, there were fist injuries caused by them to the Police personnel. After the quarrel was pacified, Police took them to the custody and lodged the complaint.

7. Request made by the petitioner for grant of bail was turned down by the learned Sessions Judge and thereafter, petitioner is before this Court, who is accused No.1.

8. Sri.Sadiq N. Goodwala, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the petitioner is innocent of the offences alleged against him and there is rivalry between him and the Police, resulting in false case being foisted against him and sought for grant