Bharat Chandrakant Katakar vs The State Of Karnataka
2026 Latest Caselaw 3071 Kant

Citation : 2026 Latest Caselaw 3071 Kant
Judgement Date : 8 April, 2026

[Cites 0, Cited by 0]

Karnataka High Court

Bharat Chandrakant Katakar vs The State Of Karnataka on 8 April, 2026

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

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                                                                NC: 2026:KHC-D:5265
                                                         CRL.P No. 100617 of 2026


                        HC-KAR




                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                       DATED THIS THE 08TH DAY OF APRIL, 2026

                                           BEFORE

                   THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                        CRIMINAL PETITION NO.100617 OF 2026

                                 (439 OF CR.PC/483 OF BNSS)

                        BETWEEN:

                        BHARAT CHANDRAKANT KATAKAR,
                        AGE: 39 YEARS, OCC: AGRICULTURE,
                        R/O. ASHTA, TQ. VALAVA, DIST. SANGLI,
                        MAHARASHTRA-416313.
                                                                       ...PETITIONER
                        (BY SRI IRANAGOUDA K. KABBUR, ADVOCATE.)

                        AND:

                        THE STATE OF KARNATAKA,
                        THROUGH PSI ATHANI P.S.,
                        R/BY STATE PUBLIC PROSECUTOR,
Digitally signed
by
MALLIKARJUN
                        HIGH COURT BENCH DHARWAD.
RUDRAYYA
KALMATH
Location: High
                                                                      ...RESPONDENT
Court of
Karnataka,
Dharwad Bench
                        (BY SRI ABHISHEK MALIPATIL, HCGP.)


                             THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
                        OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING
                        TO THAT THE PETITION MAY BE ALLOWED AND THE
                        PETITIONER/ ACCUSED NO.5 MAY PLEASE BE RELEASED ON
                        REGULAR BAIL, IN C.C.NO.1556/2025 (ATHANI P.S.CRIME
                        NO.335/2025), PENDING BEFORE PRINCIPAL CIVIL JUDGE AND
                        JMFC COURT, ATHANI, FOR THE OFFENCES PUNISHABLE UNDER
                        SECTIONS 309(5) OF BHARATIYA NYAYA SANHITA, 2023 AND
                        25(1A), 25(1B) AND 27(2) OF ARMS ACT, 1959, IN THE
                        INTEREST OF JUSTICE.
                               -2-
                                            NC: 2026:KHC-D:5265
                                     CRL.P No. 100617 of 2026


HC-KAR




    THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:      THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                          ORAL ORDER

Heard the arguments of Sri Iranagouda K. Kabbur,

learned counsel for petitioner and Sri Abhishek Malipatil,

learned counsel for respondent State and perused the

material placed before the Court.

2. This petition is filed by the petitioner/accused

No.5 under Section 483 of Bharatiya Nagarik Suraksha

Sanhita, 2023, praying to enlarge the petitioner/accused on

bail in C.C.No.1556/2025 (Athani P.S.Crime No.335/2025),

pending before Principal Civil Judge and JMFC Court, Athani,

for the offences punishable under section 309(5) of

Bharatiya Nyaya Sanhita, 2023 and 25(1A), 25(1B) and

27(2) of arms act, 1959, by allowing this criminal petition.

3. It is the brief case of prosecution as per the

complaint averments, FIR and charge sheet material that

accused Nos.1 and 2 with the help of other accused persons

NC: 2026:KHC-D:5265

HC-KAR

have tried to commit the offence of robbery in the jewelry

shop of the complainant pointing pistol to the complainant.

But upon hearing the screaming of the complainant, the

other persons gathered. Therefore, the accused ran away

from the spot. Therefore, with these allegations a complaint

was lodged, crime was registered and the offences were

foisted against the accused persons as stated above.

4. Learned counsel for petitioner/accused No.5

submitted that there is no allegation against the

petitioner/accused No.5 that he has played main role for

committing the offence of robbery. The offence is foisted

mainly against accused Nos.1 to 3. The allegation against

accused No.5/petitioner is that he has given pistol to

accused No.3. Therefore, considering the allegations and

the petitioner is in custody since 04.09.2025, prays to

enlarge the petitioner/accused No.5 on bail, by imposing

conditions.

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HC-KAR

5. The learned HCGP has vehemently objected for

grant of bail to the petitioner and prays to reject the bail

petition.

6. Upon perusal of the charge sheet materials it is

seen that it was decided by accused Nos.1 to 3 to commit

the offence of robbery and told accused No.5/petitioner to

bring one pistol. The allegation against the petitioner is that

he has purchased the pistol from accused No.6. As per the

prosecution case, accused Nos.1 and 2 have trespassed into

the shop of the complainant for committing the offence of

robbery. The allegation against accused No.5 is that he has

supplied pistol to accused Nos.1 to 3. The petitioner is in

custody since 04.09.2025. Though the petitioner is resident

of Maharashtra State, but by imposing stringent conditions

and without expressing any opinion on merits of the case

and considering the fact that the petitioner is in custody for

nearly about 08 months, the petitioner is entitled to be

enlarged on bail by allowing this petition. Hence, I proceed

to pass the following:

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HC-KAR

ORDER

i) The petition is allowed.

ii) The petitioner/accused No.5 is ordered to be

enlarged on bail in C.C.No.1556/2025 (Athani P.S.Crime

No.335/2025), pending before Principal Civil Judge and

JMFC Court, Athani, registered for the offences punishable

under section 309(5) of Bharatiya Nyaya Sanhita, 2023 and

25(1A), 25(1B) and 27(2) of arms act, 1959, by allowing

this criminal petition, subject to the following conditions.

a) The petitioner shall execute a

personal bond for a sum of Rs.1,00,000/- along

with two local sureties of Belagavi District, for

the like sum each, to the satisfaction of the trial

Court.