- 1 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104238 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PRASHANT NAGESH NAIK S/O. NAGESH NAIK, AGED ABOUT 26 YEARS, R/AT. CHANDRAHITLA MAVALLI, MURUDESHWARA, BHATKAL-581350. …PETITIONER (BY SRI.CHANDAN B.K., ADV. APPEARED THROUGH VC) AND: THE STATE OF KARNATAKA, BY MURDESHWARA POLICE STATION, BHATKAL CIRCLE, REPRESENTED BY S.P.P., HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.12 ON BAIL IN CRIME NO.98/2025 MURDESHWAR P.S. FOR OFFENCES PUNISHABLE UNDER SECTIONS 109, 118(1), 189(2), 351(2), 191(2), 190, 352 OF BNS 2023, WHICH IS NOW PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, BHATKAL AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arrayed as accused No.12 in Crime No.98/2025 of respondent/Police is before this Court seeking regular bail for the offence punishable under Sections 109, 118(1), 189(2), 351(2), 191(2) and 352 r/w. Section 190 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; It is the case of the prosecution that, the complainant has lodged a complaint stating that, on 19.08.2025 Mithun Nayak a friend of the complainant was waiting near Murudeshwara Temple to arrange accommodation to some Tourists. The said Mithun was threatened by Raju Nayak and Bhaskar Nayak. The said fact was made known to his associates. Thereafter, on 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 the following day at around 12.30 am, Mithun and his friends were present near Murudeshwara Temple. By the time Jagadesh Moger tried to assault with machete to Mithun. However, Mithun escaped from the blow. In the mean time, Raju Nayak with an intention to commit murder, assaulted with a knife, however, Mithun tried to escape from the assault. In the mean time, he sustained injuries on his back and also on the right shoulder. Thereafter, he was shifted to Hospital for treatment. 3. The Head Constable received information and collected the statement after visiting Government Hospital, Bhatkal and registered a case in Crime No.98/2025. 4. It is the submission of the learned counsel for the petitioner that petitioner is arrayed as accused No.12. The overt-act against this petitioner is not forthcoming in the said complaint. Moreover, complaint - 4 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 was lodged by the friend of the injured, though, the injured was in a position to give statement to the concerned Police. 5. It is further submitted that the petitioner is the permanent resident of Chandrahitla, Mavalli and he is the only earning member of the family. He may be enlarged on bail by imposing suitable conditions and he will abide by the conditions imposed by this Court. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader vehemently submitted that this case is nothing but a gang war. Two groups have fought for the business. The present petitioner is the member of the rival gang, if he is enlarged on bail, there may be chances of committing similar offences. Hence, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 7. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears from the records that the injured has been discharged from the Hospital. The complainant has also lodged a complaint against the injured and others. Having considered the nature of the offence and also the gravity thereof, it is appropriate to grant bail to the petitioner by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.98/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- - 6 - HC-KAR NC: 2025:KHC-D:14214 CRL.P No. 104238 of 2025 [Rupees One Lakh only] with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioner shall not involve in any similar or any other criminal cases. b) The petitioner shall co- operate with the investigation till filing of the charge-sheet. c) The petitioner shall appear before the Trial Court on all hearing dates. d) The petitioner shall not tamper the prosecution witnesses. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 20