ROSHAN MALIK S/O SALEEM HUBBALLI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102799 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
ROSHAN MALIK S/O SALEEM HUBBALLI
AGE: 20 YEARS, OCC: COOLIE,
R/O. ISLAMPUR STREET,
RANEBENNUR, DIST: HAVERI,
KARNATAKA-581115.
… PETITIONER
(BY SRI. SADIK KANVI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY RANEBENNUR TOWN PS,
TQ: RANEBENNUR, DIST: HAVERI,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
DHARWAD-580011.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
2023, PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE
THE PETITIONER/ACCUSED NO. 2 ON ANTICIPATORY BAIL IN THE
EVENT OF HIS ARREST IN CONNECTION WITH RANEBENNUR TOWN
POLICE STATION CRIME NO. 248/2026, REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 115(2), 126(2), 127(2) ,
133, 140(2) 189(2), 190, 191(2), 351(1), 352 AND 74 OF THE
BHARATIYA NYAYA SANHITA, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard the learned counsel Sri.Sadik Kanvi for the petitioner
and Sri.Jairam Siddi, learned HCGP for respondent-State.
2. The petitioner/accused No.2 has filed this petition
under Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.)
seeking anticipatory bail in connection with crime No.248/2026
of Ranebennur Town Police Station, registered for the offences
punishable under Sections 115(2), 126(2), 127(2), 133,
140(2), 189(2), 190, 191(2), 351(1), 352, 74 of the Bharatiya
Nyaya Sanhita, 2023, pending on the file of the learned
Additional Civil Judge and CJM Court, Ranebennur, Haveri
District.
3. The brief facts of the prosecution case in nutshell
are as under:
The defacto complainant was working as a driver of Sai
Public School. On 16.09.2026, at about 1.00 p.m., the defacto
complainant met with the teacher namely, Sabeerabanu and
both are went to Ranebennur post office for filing the
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HC-KAR
NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
application for the post of teacher on his motorcycle. At that
time, accused persons followed and wrongfully restrained them
and abused, assaulted with slippers to the defacto complainant.
Thereafter, they allegedly kidnapped the defacto complainant
on their motorcycle and wrongfully confined them and gave life
threat to them. At that time, Ranebennur Town PSI came to the
spot and rescued them. Hence, the defacto complainant lodged
the complaint.
4. Apprehending his arrest, petitioner/accused No.2
has filed anticipatory bail petition.
5. Learned counsel for the petitioner contented that
petitioner is falsely implicated in the case. He is law-abiding
citizen. The petitioner has not committed any alleged offence.
There is no individual overt act alleged against the petitioner.
The alleged offences are not punishable with death or
imprisonment for life. It is further contended that as per the
wound certificate, the defacto complainant sustained simple
injuries. It is contended that nothing has been seized or
recovered from the petitioner in connection with the alleged
crime. The petitioner is ready to abide by any conditions to be
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HC-KAR
NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
imposed by this Court. Hence, learned counsel for the
petitioner prayed to allow the petition.
6. Per contra, learned HCGP contented that there is
prima facie allegation against the petitioner and he is involved
in the alleged commission of offence. If the petitioner is
released on bail, he may tamper the prosecution witnesses and
hamper the investigation and there is possibility of committing
similar offence. Hence, learned HCGP prayed to reject the
petition.
7. As per the perusal of the material available on
record, it appears that the petitioner and other accused, on
seeing the defacto complainant and others, took them in a
vehicle and brought to Ranebenur and kept them in a Dargha,
where the petitioner and others alleged to have been assaulted
the defacto complainant with hands and legs. Admittedly, the
alleged offences are not punishable with death or imprisonment
for life. The defacto complainant is out of danger. There is no
threat to his life. The petitioner is law-abiding citizens.
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NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
8. On perusal of the entire prosecution papers and
having regard to the facts and circumstances of the case,
looking into the nature of allegation made against the
petitioner, gravity of offence, severity of punishment, chances
of petitioner absconding or fleeing away from justice if released
on bail, character and antecedents of the petitioner tampering
of the prosecution witnesses, the petitioner is entitled for grant
of bail by imposing certain conditions.
9. Accordingly, the Court proceeds to pass the
following;
ORDER
allowed
The petition is .
The respondent-police are directed to release the
petitioner/accused No.2 on bail in the event of his arrest in
connection with crime No.248/2026 of Ranebennur Town Police
Station, registered for the offences punishable under Sections
115(2), 126(2), 127(2), 133, 140(2), 189(2), 190, 191(2),
351(1), 352, 74 of the Bharatiya Nyaya Sanhita, 2023, pending
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NC: 2026:KHC-D:17509
CRL.P No. 102799 of 2026
CNR: KAHC020184072026
on the file of the learned Additional Civil Judge and CJM Court,
Ranebennur, Haveri District, subject to the following conditions:
i. Petitioner shall be enlarged on bail in Crime
No.248/2026 registered before Ranebennur
Town Police Station, on executing a personal
bond for Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the Trial Court.
ii. Petitioner shall punctually attend the Trial Court
on each and every posting unless expressly
exempted.
iii. Petitioner shall co-operate with the trial.
iv. Petitioner shall not threaten, induce, or promise
anyone acquainted with the facts, nor tamper
with evidence or witnesses directly or indirectly.
v. Petitioner shall not leave the jurisdiction of the
police station without prior information and
intimation to the jurisdictional police.
vi. Petitioner shall not commit any offences in
future.
vii. Petitioner shall mark his attendance before the
SHO/Investigating Officer on every Sunday
between 10.00 a.m. and 5.00 p.m. for a period
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of six months or till filing of final report,
whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS
CT:GSM
LIST NO.: 1 SL NO.: 59