- 1 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104526 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ALTAF S/O. ASLAM MYSUR @ MYSORE, AGE. 28 YEARS, OCC. MASON, R/O. HAUNSBHAVI, TQ. HIREKERUR, DIST. HAVERI. …PETITIONER (BY KUM. ALPHIA SHIRALLI, ADVOCATE and SRI. K.M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KAGINELE POLICE STATION, BYADGI CIRCLE, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ORDER TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN KAGINELE PS CRIME NO.77/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 118(1), 118(2), 189(2), 191(2), 191(3), 351(2), 352, R/W SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023 AGAINST THIS PETITIONER/ACCUSED NO.1 AND OTHERS, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR DN) AND CJM, BYADGI, DIST. HAVERI AND ETC., Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is arrayed as accused No.1 and he is before this Court seeking for grant of regular bail in Crime No.77/2025 of respondent/Police for the offence under Sections 109, 115(2), 118(1), 118(2), 189(2), 191(2), 191(3), 351(2) and 352 r/w. Section 190 of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that on 18.09.2025 around about 9:30 AM, the sons of the complainant were proceeding on the motorcycle bearing Reg.No.KA-27-EM-1129 to drop his younger son namely Manju who was stated to be going to Haveri. The said Manju was dropped at Chikkahanaji Cross. Another son was coming on his motorcycle to house. At that time, the TATA 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 Ace vehicle bearing Reg.No.KA-27-9826 was coming towards the said motorcycle. By that time, it is stated that, the son of the complainant has informed the driver of the Tata Ace Vehicle to drive the vehicle properly. However, the driver of the said vehicle along with others got down from the said vehicle and started quarrelling with the son of the complainant. 3. It is stated that, the elder son - Malathesh was brutally assaulted with hammer. Consequently, some of his teeth were broken. The children of the complainant were admitted to the Hospital to take treatment. Hence, the complaint. On the basis of the complaint, the respondent/Police have registered a case and they are conducting the investigation. The investigation is under progress. 4. Heard Kum. Alphia Shiralli, for Sri. K.M. Shiralli, learned counsel for the petitioner and Sri. Jairam Siddi, - 4 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 learned High Court Government Pleader for respondent/State. 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. Though, it is stated that accused No.1 and others have committed offences under Section 109 of BNS, 2023, the fact remains that, the ingredients in respect of the said offence are not made out on the given set of facts of the case. 6. It is further submitted that the petitioner is innocent of the alleged offences and he is the earning member of his family and he is the permanent resident of Haunsbhavi village of Hirekerur Taluk. He will abide the conditions imposed by this Court in the event of his release on bail. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 7. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that the manner in which the offence has been committed, would indicate the severity. The injuries sustained by the son of the complainant, are grievous in nature. Therefore, the bail petition of the petitioner may be rejected, is the contention of learned High Court Government Pleader for respondent/State. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the learned High Court Government Pleader has made available the wound certificate issued by the concerned Doctor. On perusal of the said wound certificate, it appears that, the son of the complainant has sustained three injuries and all of them are simple in nature. 9. Having considered the nature of injuries and also on perusal of the report submitted by the learned High - 6 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 Court Government Pleader, it is appropriate to grant him bail, as prayed for. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.77/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall co-operate with investigation, till filing of the charge-sheet. - 7 - HC-KAR NC: 2025:KHC-D:17225 CRL.P No. 104526 of 2025 (c) The petitioner shall appear before the Trial Court on all hearing dates without fail. (d) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 4