- 1 - HC-KAR NC: 2025:KHC-D:13258 CRL.P No. 103891 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103891 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MAZARULLA @ MAZHARULLA S/O ZIAULLA @ MAHAMMAD ZIAULLA,. AGE. 26 YEARS, OCC. COOLIE, R/O. GAVI ONI, NEAR MASJID, HUBBALLI-580 028. … PETITIONER (BY SRI. SAIYAD D. MULLA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE KAMARIPETH POLICE STATION, DHARWAD, R/BY H.C.G.P., HIGH COURT BUILDING, BENCH DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER/ACCUSED NO.5 ON REGULAR BAIL IN KAMARIPETH P.S. HUBBALLI CRIME NO.44/2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 126(2), 189(2), 191(3), 351(2), 352 R/W 190 OF BNS PENDING ON THE FILE OF JMFC-III COURT, HUBBALLI, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13258 CRL.P No. 103891 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.5 in Crime No.44/2025 registered by Kamaripeth Police Station, for the offences punishable under Sections 109, 115(2), 126(2), 189(2), 191(3), 351(2), 352 r/w 190 of BNS, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.44/2025 registered by Kamaripeth for the aforesaid offences against Rafik Barwele and two others based on the first information dated 24.07.2025 received from injured Mohammadkaif. During the course of investigation, petitioner was arrested on 28.07.2025. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5460 of 2025 was rejected on 12.08.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:13258 CRL.P No. 103891 of 2025 4. Perusal of the material on record would go to show that alleged incident had taken place on 23.07.2025 at about 23.30 hours in which accused nos.1 and 2 named in the FIR had abused the victim and also assaulted him. Allegation of assaulting the victim with a knife is found only as against accused No.1. Undisputedly, name of the petitioner is not found in the FIR. 5. Learned HCGP has submitted that injured victim has suffered only simple injuries in the incident in question. 6. Petitioner is in custody for the last nearly 2 months. Undisputedly, petitioner has no other criminal antecedent. Investigation of the case is completed and charge sheet is filed. 7. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: - 4 - HC-KAR NC: 2025:KHC-D:13258 CRL.P No. 103891 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in No.44/2025 registered by Kamaripeth Police Station, for the offences punishable under Sections 109, 115(2), 126(2), 189(2), 191(3), 351(2), 352 r/w 190 of BNS,, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, CT:BCK