- 1 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102371 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI SATISH GONA @ TINKU S/O. SHYAM GONA, AGE. 41 YEARS, OCC. DRIVER, R/O. MANTUR ROAD, JOPADI, HUBBALLI-580 020. … PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH HUBBALLI TOWN POLICE STATION, HUBBALLI SOUTH, DIST. DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATAIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION FILED UNDER SECTION 439 OF CR.P.C./483 OF BNSS AND ENLARGE THE PETITIONER (ACCUSED) ON BAIL IN S.C. NO.5027/2024 (CRIME NO.113/2023), HUBBALLI TOWN P.S. PENDING ON THE FILE OF COURT OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR AN OFFENCES PUNISHABLE UNDER SECTION 27(1) OF ARMS ACT 1959, AND SECTIONS 332, 353, 307 OF IPC 1860. 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:12912 CRL.P No. 102371 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in S.C. No.5027 of 2024 pending before the Court of V Additional District and Sessions Judge, sitting at Hubballi, arising out of Crime No.113 of 2023 registered by Hubballi Town Police Station, Hubballi Dharwad District for offences punishable under Sections 332, 353, 307 of IPC and Section 27(1) of Arms Act, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.113 of 2023 was registered by Hubballi Town Police Station, Hubballi Dharwad District, initially for offence punishable under Section 27(1) of Arms Act and Sections 353 and 332 of IPC, against petitioner herein based on the first information dated 25.11.2023 received from Jagadeesh Myaginamani, Police Officer, attached to Hubballi Town Police Station. During the course of investigation, petitioner was arrested on 25.11.2023 and - 3 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 subsequently, he was remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Criminal Petition No.103758 of 2024, which was rejected by the Co-ordinate Bench of this Court on 11.03.2025. It is under these circumstances, petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that victim in the present case has suffered only simple injury. For extraneous reasons, a false case has been registered against the petitioner. Petitioner is in custody in the present case for the last 22 months. In all the other criminal cases registered against him, he has been enlarged on bail. He submits that, as a result of gunshot injury suffered by the petitioner in the alleged incident in question, petitioner has a pain in his left knee and the gunshot wound has not yet - 4 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 healed properly. He requires treatment in a higher hospital. Accordingly, he prays to allow petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the petitioner's earlier bail application was rejected on merits and there is no change in circumstance to entertain this petition. She fairly submits that mother of the petitioner, who is the alleged victim in S.C. No.5035 of 2021 is before this Court in person and she has prayed to grant bail to the petitioner. 6. In the first information which is filed by the Police Officer attached to Hubballi Town Police Station, it is stated that on 25.11.2023, when the first informant and other Police Officers attached to Hubballi Town Police Station, tried to apprehend the petitioner, as against whom non- bailable warrant was issued by the Jurisdictional Sessions Court in S.C. No.5035 of 2021 arising out of Crime No.55 of 2021 registered by Hubballi Town Police Station, petitioner tried to escape and he allegedly assaulted the first - 5 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 informant with a knife causing injuries on his neck. Wound certificate of the first informant, who is the alleged victim in the present case would go to show that he has suffered only a simple injury in the said incident that had taken place on 25.11.2023. 7. It appears that after the FIR was registered in Crime No.113 of 2023 at about 17:00 hours on 25.11.2023 for the purpose of recovering the weapons which allegedly were in the house of the petitioner, he was taken to his house by the Police and when he made an attempt to escape at about 21:30 hours, the Police had fired from their service pistol on his left leg and as a result, he had suffered grievous injury and was admitted in the hospital. Medical records of the petitioner would go to show that his injury has not completely healed and the doctor has advised to take further treatment for the same. Medical certificate dated 04.09.2025 issued by the Medical Officer of Central Prison, Dharwad would go to show that petitioner is advised to undergo lateral meniscal repair surgery. - 6 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 8. According to the prosecution, on 25.11.2023, alleged incident had taken place, after the Police had tried to apprehend the petitioner, as against whom non-bailable warrant was issued by the Jurisdictional Sessions Court in S.C. No.5035 of 2021, arising out of Crime No.55 of 2021 registered by the very same Police Station. 9. Material on record would go to show that the petitioner’s mother is the victim in Crime No.55 of 2021, which is registered for offence punishable under Section 307 of IPC. She is present in person before this Court and has prayed to allow the petition and she has also said that there is nobody to take care of her. It is not in dispute that in all the other criminal cases registered against the petitioner, he has been enlarged on bail. Insofar as the present case is concerned, FIR was initially registered only for offences punishable under Sections 353, 332 of IPC and Section 27(1) of Arms Act. In the charge sheet which is filed subsequently, the offence punishable under Section 307 of IPC is invoked. It is not in dispute that victim in the present - 7 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 case has suffered a simple injury. Medical records of the petitioner would go to show that doctor has advised him further medical treatment and he is also advised to undergo a surgery. Petitioner is in custody in the present case for the last 22 months. Trial in the case is yet to commence. Therefore, I am of the opinion, his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5027 of 2024 pending before the Court of V Additional District and Sessions Judge, sitting at Hubballi, arising out of Crime No.113 of 2023 registered by Hubballi Town Police Station, Hubballi Dharwad District for offences punishable under Sections 332, 353, 307 of IPC and Section 27(1) of Arms Act, subject to the following conditions: - 8 - HC-KAR NC: 2025:KHC-D:12912 CRL.P No. 102371 of 2025 i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. 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; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 15