SARUBAI vs THE STATE BY AFZALPUR P S
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10850
CRL.P No. 201251 of 2026
CNR: KAHC030099282026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 6 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201251 OF 2026
(438(Cr.PC)/482(BNSS)-)
BETWEEN:
1. SMT. SARUBAI
W/O BHEEMASHAJAMDAR,
AGE : 60 YEARS,
OCC : COOLIE WORK,
R/O: SHIVOOR VILLAGE,
TQ ; AFZALPUR,
DIST: KALABURAGI – 585 217.
2. SURESH
S/O BHEEMASHAJAMDAR,
AGE : 40 YEARS,
OCC : COOLIE WORK,
R/O: SHIVOOR VILLAGE,
TQ : AFZALPUR,
DIST : KALABURAGI – 585 217.
…PETITIONERS
(BY SRI RAVINDRA H.BABALESHWAR, ADVOCATE)
AND:
THE STATE BY AFZALPUR P.S.,
THROUGH IT'S REP. BY SPP,
HIGH COURT OF KARNATAKA AT
KALABURAGI BENCH,
DIST : KALABURAGI – 03.
…RESPONDENT
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 201251 of 2026
CNR: KAHC030099282026
(BY SRI SIDDALING P.PATIL, ADDL. SPP)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/S. 482
OF BNSS (NEW), PRAYING TO, ALLOW THE PETITION THERE BY
GRANTING ANTICIPATORY BAIL TO THE PETITIONER IN CRIME
NO.147/2024 (CC NO.614/2025) PENDING ON THE FILE OF
CIVIL JUDGE AND JMFC COURT AT AFZALPUR, DIST.
KALABURGI, SAID CRIME NO. REGISTERED BY THE AFZALPUR
POLICE STATION, AFZALPUR TALUK, FOR OFFENCE
PUNISHABLE UNDER SECTION 379 OF IPC, IN THE INTEREST
OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioners and
learned Addl. SPP for the respondent on the petition.
Perused the relevant materials on record.
2. This petition is filed by the petitioners/
accused No.1 and 2 under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 praying for an order to
grant anticipatory bail in their favour directing the
respondent Police to release them on bail in the event of
their arrest in the case in CC No.614/2025 pending on
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CRL.P No. 201251 of 2026
CNR: KAHC030099282026
the file of learned Civil Judge and JMFC, Afzalpur
arising out of Crime No.147/2024 registered by them for
the offence punishable under Section 379 of IPC.
3. The learned Addl. SPP for the respondent
Police has orally objected to the petition submitting that
since the registration of the case, the petitioners have
been absconding and the learned Sessions Judge has
rightly rejected the application for grant of anticipatory
bail. Mere fact that the investigation is completed and
the charge sheet is filed cannot be a ground to grant
anticipatory bail in favour of the petitioners. There is no
special ground made out by the petitioners for grant of
anticipatory bail. Therefore, the learned Addl. SPP has
sought for dismissal of the petition.
4. The case alleged against the petitioners is
that on 21.05.2025 at about 11.00 a.m., when the PSI
of respondent police station i.e., the complainant along
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NC: 2026:KHC-K:10850
CRL.P No. 201251 of 2026
CNR: KAHC030099282026
with his staff conducted raid at Shivoora village, the
petitioners along with accused No.3 were found having
stocked about 90 metric tons of sand worth Rs.71,258/-
in the land bearing Survey No.12 worth by committing
theft of the same from nearby Bhima river and case is
registered against the petitioners. Hence, the
petitioners have committed the alleged offence.
5. The contention of the petitioners is that they
are innocent of the offences alleged and they have not
committed any of such offence. Per contra, as submitted
by Addl. SPP, the investigation is completed and the
charge sheet is filed against the petitioners. There is
prima facie material against the petitioners in the case
and at this stage, the contention of the petitioners that
they are innocent of the offences alleged and they have
not committed any such offence does not merit
consideration.
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CRL.P No. 201251 of 2026
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6. However, even if it is accepted for the sake of
argument, that there is prima facie case against the
petitioners for the alleged offence, the said offence is not
punishable with death or imprisonment for life. The
maximum punishment for the alleged offence is
imprisonment for a term which may extend to three
years and the alleged offence is exclusively triable by the
learned Magistrate.
7. Further, as submitted by learned counsel for
the petitioners and as per the materials forthcoming on
record, only on the statement of hearsay witness, these
petitioners are arraigned as accused persons in the
case. Moreover, the petitioner No.1 is a woman aged
about 60 years and hence, she is entitled for bail as per
Section 437 of Cr.P.C/ Section 480 of BNSS. There is
absolutely no special ground made by the respondent
Police to deny bail to the petitioners.
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8. The materials on record would clearly show
that the investigation is already over and charge sheet is
filed against the petitioners. There is absolutely no
material forthcoming from the respondent Police to
show that they made any attempt to secure the
petitioners during the investigation of the case. This
would show that the custodial interrogation of the
petitioners was not required by the respondent Police
during the investigation. It is also not required for the
present for further investigation, if any. The concerned
tractor and trailor along with sand are already seized by
the respondent Police. There is no special ground made
out by the respondent Police to deny benefit of
anticipatory bail to the petitioners.
9. There is no material forthcoming from the
respondent Police to show any antecedents of the
petitioners that they committed similar offences or any
offence earlier. Moreover, the petitioners are permanent
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residents of Shivoor village, Afzalpur Taluk, Kalaburagi
District, within the jurisdiction of the trial Court and as
such they are entitled for benefit of anticipatory bail in
their favour.
10. Mere fact that the petitioners were
absconding during the period of investigation of the case
cannot be a reason for denial of anticipatory bail to
them at this stage. Moreover, the investigation is
completed and the charge sheet is already filed against
the petitioners and another accused in the case.
11. It is pertinent to note that the accused No.3 is
already granted anticipatory bail by the learned
Sessions Judge as per the order dated 06.08.2025 in
Crl.Misc. No.1218/2025. The accused No.3 is granted
anticipatory bail by the learned Sessions Judge. The
allegations made against the petitioners/ accused No.1
and 2 are in par with the allegations against the
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accused No.3 and hence, they are entitled for the benefit
of anticipatory bail on the ground of parity. There is no
any serious or special ground made out by the
respondent Police to deny anticipatory bail to the
petitioners.
12. Any of the apprehensions of the learned
Addl. SPP can be suitably met with by imposing proper
and necessary conditions on the petitioners while
granting anticipatory bail to them. Therefore, the
petitioners have made out sufficient grounds to grant
anticipatory bail in their favour and consequently, the
petition deserves to be allowed.
13. In the result, I proceed to pass the following:
ORDER
i. The petition is allowed.
ii. Consequently, the respondent Police is
directed to release the petitioners/accused
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CRL.P No. 201251 of 2026
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No.1 and 2 on bail in the event of their arrest
in the case in CC No.614/2025 arising out of
their Crime No.147/2024 for the offence
punishable under Section 379 of IPC pending
before the learned Civil Judge and JMFC,
Afzalpur, subject to the following conditions
that:
1. The petitioners/ accused No.1 and 2
shall appear before the Investigating
Officer within 15 days from the date
of receipt of copy of this order and
they shall execute personal bond for
a sum of Rs.1,00,000/- each with
one surety for the like sum to the
satisfaction of the Investigating
Officer.
2. They shall appear before the
Investigating Officer as and when
required in further investigation of
the case, if any.
3. They shall appear before the learned
Magistrate/ trial Court as and when
directed and assist the learned
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Magistrate/ trial Court in trial of the
case.
4. They shall not tamper with
prosecution witnesses and shall not
hamper further investigation, if any
and also trial of the case in any
manner, and
5. They shall not commit any similar
offences or any offence during
pendency of the case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 9