[Cites 7, Cited by 0]
Karnataka High Court
Sri. Ramesh S/O Lakkappa Kesaragoppa vs The State Of Karnataka on 15 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:5544
CRL.P No. 100686 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 15TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100686 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
SRI RAMESH S/O. LAKKAPPA KESARAGOPPA,
AGE: 55 YEARS, OCC: AGRICULURIST/SOCIAL WORKER,
R/O. MAHALINGAPUR (RURAL),
TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587312.
...PETITIONER
(BY SRI HARISH S. MAIGUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MUDHOL P.S., BAGALKOT,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-580001.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
Digitally signed
by RAMYA D THIS CRIMINAL PETITION IS FILED U/S.438 OF THE CODE
Location: High
Court of OF CRIMINAL PROCEDURE, (U/S.482 OF BNSS, 2023) PRAYING
Karnataka,
Dharwad TO ISSUE A DIRECTION TO THE MUDHOL POLICE STATION, TO
Bench
ENLARGE THE PRESENT PETITIONER ON BAIL, WHO IS ARRAYED
AS ACCUSED NO.4 ON BAIL IN THE EVENT OF HIS ARREST BY
THE MUDHOL POLICE IN CONNECTION WITH MUDHOL P.S.
CRIME NO.55/2026 DATED 28.03.2026, FOR THE OFFENCE
PUNISHABLE U/S.25(A) OF ARMS ACT, 1959 U/S.351(2) R/W.
3(5) OF BNS ACT, 2023 PENDING ON THE FILE OF ADDITIONAL
CIVIL JUDGE (SR.DN) AND CJM, MUDHOL, BAGALKOT DISTRICT
IN SO FAR AS THIS PETITIONER I.E., ACCUSED NO. 4 IS
CONCERNED, TO MEET THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:5544
CRL.P No. 100686 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri. Harish S. Maigur, learned
counsel for the petitioner/accused No.4 and Sri. Abhishekh
Malipatil, learned HCGP, for the respondent-State and perused
the material made available before the Court.
2. This petition is filed under Section 438 of the Code of
Criminal Procedure, 19731 / Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 20232, by the petitioner/accused No.4 praying
to enlarge the petitioner/accused No.4 on anticipatory bail in
Mudhol P.S. Crime No.55/2026, pending on the file of Additional
Civil Judge (Sr.Dn) and CJM Court, Mudhol, Bagalkot District, for
the offences punishable under Section 25(A) of Arms Act, 1959,
Section 351(2) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023, in respect of accused No.4/petitioner is
concerned, by allowing this petition.
3. The brief case of the prosecution as per the averments
made in the complaint and FIR is that on 27.02.2026 the
Hereinafter referred to as the 'Cr.P.C.'
Hereinafter referred to as the 'BNSS, 2023'
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complainant was on patrolling duty near Belagali village. At that
time, the public of the said village informed the complainant that
one Javed (accused No.1) was roaming around the village with a
pistol and threatening the villagers. Immediately, the
complainant visited the spot, where accused No.1 was holding
revolver and pistol and intimidating people. On enquiry, accused
No.1 revealed that the revolver and pistol were given to him by
his friend Ravi Bajantri (accused No.2), who had received them
from one Ramesh Kesaragoppa (accused No.4) for keeping them
for a week. Further, on enquiry, the complainant came to know
that accused No.1 had no license or permit. Accused No.2 further
states that he had sent revolver and pistol through Rakesh
Bandivaddar (accused No.3) and the Rakesh Bandivaddar
handed over revolver and pistol to accused No.1. Accused No.1
was threatening the public. Therefore, with these allegations a
complaint was lodged on 27.02.2026 before the Mudhol Police
Station. Thus, the petitioner/accused No.4, as having
unauthorized possession of revolver and pistol, is foisted with the
offences as above stated.
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4. Learned counsel for the petitioner submitted that the
petitioner/accused No.4 is falsely implicated in the case. The
alleged incident of handing over pistol and revolver is stated to
have occurred on 13.02.2026 as per the averments made in the
complaint. However, the petitioner/accused No.4 was in custody
from 12.02.2026 and was released on bail on 09.03.2026 in
another crime. Therefore, there was no possibility of handing
over pistol and revolver to either accused No.2 or accused No.1
on 13.02.2026. Hence, it is submitted that the
petitioner/accused No.4 is falsely implicated in the case and
prays to grant anticipatory bail.
5. Learned HCGP vehemently opposes the grant of bail to
the petitioner and prays for rejection of the petition.
6. Upon considering the role attributed to the
petitioner/accused No.4 it is alleged that he had handed over
pistol and revolver on 13.02.2026, whereas the allegation
against accused No.1 is that he had criminally intimidated public
by showing pistol and revolver. This accusation is not against the
petitioner/accused No.4. Furthermore, the learned counsel for
the petitioner/accused No.4 has produced the remand report to
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show that the petitioner was arrested on 12.02.2026 and was
released on bail on 09.03.2026 in another crime. Therefore,
when he was in custody in another crime from 12.02.2026 to
09.03.2026, but the alleged incident is stated to have occurred
on 13.02.2026, the same is a matter for consideration during
trial. Hence, without expressing any opinion on the merits
involved in the case, the Court is of the opinion that the
petitioner/accused No.4 is entitled to be granted anticipatory
bail.
7. Hence, I proceed to pass the following:
ORDER
a) The petition is allowed.
b) The petitioner/accused No.4 is enlarged on bail in the
event of his arrest in Crime No.55/2026 of Mudhol
Police Station, registered for the offences punishable
under Section 25(A) of Arms Act, 1959, Section 351(2)
read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023, pending on the file of Additional Civil Judge
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(Sr.Dn) and CJM, Mudhol, Bagalkot District, subject to
the following conditions.
a. The petitioner/accused No.4 shall appear
before the trial Court and shall seek for
bail within ten days from the date of
receipt of a copy of this order.
b. The petitioner/accused No.4 shall
execute a personal bond for a sum of
Rs.1,00,000/- along with one surety for
the like sum to the satisfaction of the
Trial Court.
c. The petitioner/accused No.4 shall not
indulge in the same offence or any other
criminal cases, till completion of the trial.
d. The petitioner/accused No.4 shall not
leave the jurisdiction of the Trial Court
without prior permission of the Court.
e. The petitioner/accused No.4 shall not
tamper and threaten the prosecution
witnesses in any manner.
f. The petitioner/accused No.4 shall mark
his attendance before the concerned
police station on every Saturday between
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11.00 a.m. to 02.00 p.m. till filing final
report.
g. The petitioner/accused No.4 shall attend
the Court regularly during the trial
without fail. If not attend for consecutive
two times, it entails cancellation of bail.
h. Violation of any one of the conditions
would entails the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 2 Sl No.: 7
