- 1 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200601 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: ARYAN S/O SANDEEP TOLE@MANKAR, AGE:17 YEARS, OCC: STUDENT, A MINOR UNDER GUARDIAN OF HIS MOTHER SMT.POOJA W/O SANDEEP TOLE@MANKAR, AGE:36 YEARS, OCC: HOUSEWIFE, R/O. BHIM NAGAR, ALAND, TQ.ALAND, DIST. KALABURAGI-585302. …PETITIONER (BY SRI PRADEEP KUMAR, ADVOCATE) AND: THE STATE THROUGH, ALAND POLICE STATION, DIST. KALABURAGI (REPRESENTING BY LEARNED ADDL. SPP, HIGH COURT KALABURAGI-585107). …RESPONDENT (BY SRI GOPALKRISHNA B. YADAV, HCGP) THIS CRL.P IS FILED U/SEC 482 OF BNSS,2023 PRAYING TO, ISSUE DIRECTION TO THE RESPONDENT POLICE AND CONCERNED JUDICIAL MAGISTRATE TO RELEASE THE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 PETITIONER ON BAIL IN CRIME NO.124/2024 OF ALAND POLICE STATION, IN THE EVENT OF HIS ARREST, PENDING ON THE FILE OF JUVENILE JUSTICE BOARD AT KALABURAGI FOR THE OFFENCE PUNISHALBE U/SEC 143, 147, 148, 323, 324, 307, 504, 506 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner who is arrayed as accused No.8 has approached this Court seeking anticipatory bail in Crime No.124/2024 registered by Aland Police Station, for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 r/w Section 149 of IPC. 2. Brief facts of the case are: It is the case of the prosecution that the complainant namely, Ibrahim Ansari lodged a complaint stating that he along with one Ubaid Ansari S/o Huzur Ansari had been to dhaba to have dinner. In the said dhaba, accused and others were also having dinner. In the meantime, one Faiz Ansari was talking in the mobile and was scolding - 3 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 someone. The accused-Avinash asked the said Faiz as to why he was scolding, though Faiz requested that he was not scolding him, said Avinash assaulted on the face of Faiz, consequently, he sustained injury to his lips. Thereafter, Faiz went to Government Hospital, Aland, for taking treatment. In the meantime, the petitioner, along with 14-15 persons, had been to the said hospital, assaulted Faiz and caused injuries and threatened him stating that they would kill him if he lodges any complaint against them. However, a complaint came to be registered against the accused. Based on the complaint, the respondent-Police have registered the case for the aforesaid offences. 3. Heard Sri.Pradeep Kumar, learned counsel for the petitioner and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondent-State. 4. It is the submission of the learned counsel for the petitioner that the name of the petitioner does not find place in the FIR or in the complaint. The averments of the - 4 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 charge sheet would indicate that all the accused persons have assaulted the injured in the hospital. However, there are no specific overt-act attributed against each of the accused. Similarly placed accused persons have been granted regular bail by the Co-ordinate Bench of this Court. The petitioner is aged about 17 years and he is a child in conflict with the law. The petitioner is ready to abide the conditions that may be imposed by this Court. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposed the said submissions and submitted that the petitioner being a child in conflict with the law assaulted the injured-Faiz with a lethal weapon and again all the accused including the petitioner went to the hospital where the injured was taking treatment and assaulted in front of the eyewitnesses namely, Doctors, Nurses and ‘D’ group employees. Several eyewitnesses are there to the incident. If the petitioner is enlarged on bail, there are chances of threatening the witnesses. - 5 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the records that accused No.1-Avinash is stated to have assaulted Faiz in the dhaba where all the accused persons were having dinner. Said Faiz who sustained injury went to Government Hospital at Aland, for treatment. After having come to know that Faiz has been admitted to the hospital in order give compliant against the accused persons, the petitioner and others went to the hospital and assaulted again, threatened the said Faiz with dire consequences. 7. Be that as it may, similarly placed co-accused have been granted bail by the Co-ordinate Bench of this Court. Having considered the overt-act of the petitioner and also considering that he is a child in conflict with law, it is appropriate to grant him bail by imposing suitable - 6 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 conditions which would take care of the apprehension expressed by the prosecution. 8. Hence, I pass the following: ORDER The Criminal Petition is allowed. The respondent/Police is directed to release the petitioner on bail in the event of his arrest in Crime No.124/2024 registered by Aland Police Station, for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 r/w Section 149 of IPC, pending before the Juvenile Justice Board, Kalaburagi, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. ii. The petitioner shall appear before the Investigating Officer within a period of - 7 - NC: 2025:KHC-K:2309 CRL.P No. 200601 of 2025 one month from today to furnish the surety and also to execute the bond. iii. The petitioner shall co-operate with the investigation as and when required. iv. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the Court proceedings. v. The petitioner shall not leave the jurisdiction of the Trial Court till completion of the trial. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 31 CT:PK