- 1 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 102721 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SACHIN S/O BASAPPA KAMMAR, AGE:25 YEARS, OCC: FARMER, R/O. TALAVAYI, TQ. AND DIST. DHARWAD. 2. RAJU @ IRANNA S/O FAKKIRAPPA KAMMAR, AGE:36 YEARS, OCC: KSRTC BUS DRIVER, R/O. TALAVAYI, TQ. AND DIST. DHARWAD. 3. SANTOSH S/O MALLAPPA KAMMAR, AGE:23 YEARS, OCC: AGRICULTURE, R/O. TALAVAYI, TQ. AND DIST. DHARWAD. 4. CHANDRASHEKHAR S/O FAKKIRAPPA KAMMAR, AGE:35 YEARS OCC: LABOURER, R/O. TALAVAYI, TQ. AND DIST. DHARWAD. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 5. UMESH S/O FAKKIRAPPA KAMMAR, AGE:34 YEARS, OCC: AGRICULTURE, R/O. TALAVAYI, TQ. AND DIST. DHARWAD. …PETITIONERS (BY SRI. K. L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.1, 3 TO 6 IN CRIME NO.52/2024 OF DHARWAD RURAL P.S. REGISTERED FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 324, 448, 307, 302, 504 R/W SECTION 149 OF IPC, ON THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, DHARWAD. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.02.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 CAV ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners / accused Nos.1, 3, 4, 5 and 6 are before this Court seeking regular bail in Crime No.52/2024 of respondent - Police Station for the offences punishable under Sections 143, 147, 148, 324, 448, 307, 302, 504 r/w 149 of IPC. Brief facts of the case: 2. It is the case of the prosecution that a complaint came to be registered by the complainant stating that the accused / petitioners have assaulted him and his family members on account of enmity in respect of civil dispute. Based on the complaint, FIR came to be registered by the jurisdictional police. The jurisdictional police have conducted the investigation and submitted the charge sheet for the offences stated supra. 3. Heard Sri.K.L.Patil, learned counsel for the petitioners and Smt. Girija Hiremath, learned High Court Government Pleader for the respondent-State. - 4 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 4. It is the submission of the learned counsel for the petitioners that the petitioners have been falsely implicated in this case, in fact, the complainant and others have turned hostile and not supported the case of the prosecution. 5. It is further submitted that the petitioners are the earning members of the family and also permanent resident of Talavayi Village. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently opposed the bail petition and further, she submitted that the petitioners have assaulted and caused injuries to the family members of the complainant. Merely because the complainant and others have turned hostile, the evidence of other witnesses, namely, CWs.16 to 20 and 23 are relevant and their evidence has to be - 5 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 recorded by the prosecution. Therefore, it is not appropriate to grant him bail at this stage till the evidence of the above cited witnesses is over. Making such submissions, the learned High Court Government Pleader for the respondent – State prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, no doubt, the complainant has turned hostile and not supported the case. However, the facts remains that, there are other eyewitnesses cited in the charge sheet have to be examined and their evidence is required to be recorded. Merely, because one of the eyewitnesses turned hostile and not supported the case, it cannot be a ground to avail the benefit of bail. Therefore, it is appropriate to reject the bail. 8. Hence, I proceed to pass the following:- ORDER (i) The Criminal Petition stands rejected. - 6 - NC: 2025:KHC-D:4738 CRL.P No. 102721 of 2024 (ii) Liberty is reserved to the petitioners to move the bail application after the evidence of injured witnesses and eyewitnesses are over. Sd/- (S.RACHAIAH) JUDGE UN