IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.104259 OF 2025

(439(Cr.PC)/483(BNSS))

BETWEEN:

SANJAY @ SANJYA S/O. BASAPPA KOPPAD,

AGE. 26 YEARS, OCC. COOLIE,

R/AT. GANGAPURPETH, TQ. GADAG,

DIST. GADAG-582103.

…PETITIONER

(BY SRI. GOURI SHANKAR MOT, ADVOCATE)

AND

THE STATE OF KARNATAKA,

GADAG RURAL POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

Digitally signed by SAMREEN AYUB

DHARWAD BENCH, DHARWAD-580011.

DESHNUR …RESPONDENT

Location: HIGH

COURT OF (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

KARNATAKA

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN C.C.NO.672/2024 PENDING ON THE FILE OF JMFC, 2^ND COURT, AT GADAG, ARISING IN GADAG RURAL POLICE CRIME NO.142/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

40, 262, 121(2), 132 AND 109 OF BNS, 2023 AND ETC.,

THIS CRIMINAL PETITION, COMING ON FOR ORDER, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. The petitioner who is sole accused is before this Court seeking for grant of regular bail in Crime No.142/2024 of respondent-police for the offence under Sections 40, 262, 121(2), 132 and 109 of Bharatiya Nyaya Sanhita 2023.

Brief facts of the case:

2. The case of the prosecution is that, the Inspector of police lodged a complaint stating that the present accused was arrested in Crime No.137/2024, when he was taken for a spot Mahazar. It is alleged that the present petitioner assaulted one of the constables who had accompanied them for the purpose of conducting the Mahazar. At that time, the respondent Police in order to take self defence fired towards the legs of the petitioner. Consequently, the petitioner has sustained injury, later hospitalized. Thereafter, a complainant came to be registered against the present petitioner.

3. The respondent-police after conducting investigation, submitted the charge sheet.

4. Heard Sri Gouri Shankar Mot, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State.

5. It is the submission of the learned counsel for the petitioner that, the respondent police have registered a false case against the petitioner in order to screen the offence which they had committed against the petitioner. There are several cases registered against the petitioner. However, in all cases the petitioner has been enlarged on bail.

6. It is further submitted that the petitioner one or other pretext has been implicated in a false case at the instance of respondent police. The petitioner is aged about 26 years and is working as a coolie. The petitioner is a permanent resident of Gangapurpeth of Gadag Taluk. He may be enlarged on bail by imposing suitable conditions. He will abide the condition imposed by this Court. Making such submissions, he prays to allow the petition.

7. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner is the habitual offender. There are 13 cases pending against him. Though, some cases have ended in an acquittal, the majority of the cases are still pending before the respective Courts for adjudication. If the petitioner is enlarged on bail, there is a possibility that the petitioner may be absconding from the case. As such the leaned HCGP for the state prays to reject the petition.

8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that, the petitioner being an accused in Crime No.137/2024 registered under Section 309(4) of BNS-2023, was taken for the purpose of conducting Mahazar. During that time, it is alleged that he had assaulted the police to escape from their custody. However, on perusal of the averments in the charge sheet, without adverting to merit of the case, I am of the co