- 1 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA CRIMINAL PETITION NO. 200878 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SRI.ANURAG @ PONNUR ANURAG S/O P.NARASIMHALU AGE 19 YEARS, OCC:STUDENT, R/O.H NO.5-9-18, NETAJINAGAR, RAICHUR TQ AND DIST, RAICHUR-584102. …PETITIONER (BY SRI. ARUNKUMAR AMARGUNDAPPA,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE SHO, NETAJI NAGAR POLICE STATION, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102. …RESPONDENT (BY SMT.ANITHA M REDDY, HCGP) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.41/2025 PENDING ON THE FILE OF THE HON’BLE III ADDL CIVIL JUDGE (JR.DN) AND JMFC RAICHUR, REGISTERED BY THE RESPONDENT NETAJINAGAR POLICE STATION RAICHUR, FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE U/SEC 109, 118(1).352, R/W SEC 3(5) OF BNS, 2023. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE UMESH M ADIGA) This petition is filed under Section 483 of BNSS, 2023 seeking grant of bail in Crime No.41/2025 pending on the file of III Addl. Civil Judge and JMFC, Raichur registered by the Netajinagar Police Station for the offences punishable under Sections 109, 118(1), 3(5) and 352 of BNS, 2023. 2. Brief facts of the case are under: On 06.04.2025, during day time there was some altercation between victim and accused No.1. Prior to that also there was similar type of altercation when the victim - 3 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 tried to advice to accused No.1. Keeping in mind of the said incident, it is alleged that accused No.1 along with another two persons on 07.04.2025 at early morning 3 AM., went to terrace of the house of the victim, wherein he was sleeping, accused No.1 assaulted on the head of the victim with a big size stone with an intention to kill him and that act was abetted by the accused Nos.2 and 3. When the complainant went towards the terrace, he found accused Nos.2 and 3 coming down from the stairs and ran away. He went to the terrace and found that accused No.1 was hitting the head of the victim with a stone. Looking to the complainant, accused No.1 also left the spot of incident. 3. Complaint lodged on the next date in this regard and on that basis, crime was registered by the Netajinagar Police Station, Raichur in Crime No.41/2025 for the offences punishable under Sections 109, 118(1), 3(5) and 352 of BNS, 2023. - 4 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 4. The investigating officer after registering the FIR, arrested accused Nos.1 and 2 on 08.04.2025 and produced before jurisdictional court; Both the accused were remanded to the judicial custody. 5. Petitioner filed bail application before the District & Sessions Court in Crl.Misc.No.232/2025. The Sessions Court after hearing the application, rejected it by an order dated 30.05.2025. Thereafter, present petition is filed. 6. Heard the arguments of learned counsel for the petitioner as well as learned HCGP. 7. On perusal of the complaint dated 07.04.2025, when the complainant was going towards terrace, he found accused No.2 got down from the stair case and ran away. Thereafter he went to the terrace and found that accused No.1 hitting on the head of victim – Mohammed Ismail. Even the fight was between victim and accused No.1 and at that time, presence of the petitioner was not - 5 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 stated. Under these circumstances, at present prima facie there were no materials to believe that petitioner was also intended to murder the victim – Mohammed Ismail. 8. Admittedly, they are the neighbors and residing in the same village. Under these circumstances, absconding from the jurisdiction of the concerned police station may not be probable. The discharge summary produced by the petitioner shows that the victim was treated from 10.04.2025 to 12.05.2025 and it appears that the he was recovered while discharging from the hospital. 9. During course of the arguments, learned counsel for the petitioner has also produced copy of the orders passed by the learned Principal District and Sessions Judge, Raichur in Crl.Misc.No.251/2025 dated 23.05.2025, wherein accused No.1 was enlarged on bail. Accused No.1 appears to be main accused in this case, who had got bail from the court. On the ground of parity, - 6 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 the present petitioner is also entitled for bail. For the aforesaid discussion, the following: ORDER Petition is allowed. Petitioner (accused No.2) in Crime No.41/2025 registered by the Netajinagar Police Station for the offences punishable under Sections 109, 118(1), 3(5) and 352 of BNS, 2023 is ordered to be released on bail on his executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the likesum, subject to the following conditions: i) Petitioner shall not tamper prosecution witness and evidence. ii) He shall regularly appear before the concerned court during trial of the matter, unless his presence his dispensed with by the concerned court. - 7 - HC-KAR NC: 2025:KHC-K:2764 CRL.P No. 200878 of 2025 iii) He shall appear before the investigating officer for the purpose of investigation, as and when directed. Sd/- (UMESH M ADIGA) JUDGE THM List No.: 1 Sl No.: 12