- 1 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101646 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SHRI. PUTTARAJ S/O. MALLESHAPPA BOMMANNANAVAR, AGE: 42 YEARS, OCC: COOLIE, R/O. KUDAL, TQ. HANGAL, DIST. HAVERI. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KAGINELE POLICE STATION, TQ. BYADAGI, AND DIST. HAVERI-581110, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580008. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.22/2025 OF KAGINELE POLICE STATION FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 115(2), 118(1), 109, 61(2), 351(2), 352 AND 190 OF BHARATIYA NYAYA SANHITA, 2023, ON THE FILE OF THE ADDL. CIVIL JUDGE AND CJM, BYADAGI, TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- State. 2. This petition is filed by petitioner/accused No.1 for grant of bail in Crime No.22/2025 of Kaginele Police Station, Byadagi Circle, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 61(2), 351(2), 352 AND 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case are as under: On 06.03.2025 at about 11.00 p.m. near Attikatte- Churchikoppa cross, accused No.1 and others made criminal conspiracy in order to commit murder of CW.1 and took quarrel with him, on the premise that complainant has been loving with the sister of accused No.1. Hence, they - 3 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 took quarrel and accused No.1 assaulted him with knife on the head and caused bleeding injuries. Accused Nos.2 to 7 assaulted him with hands and legs and thereby caused injuries. Therefore, CW.1 admitted to the hospital for treatment, thereafter, he lodged complaint. It is urged in the application that the petitioner is innocent and he has not committed any offences and he has been falsely implicated in the case. 4. Opposing the grant of bail, learned High Court Government Pleader for respondent-State submitted that accused No.1 is involved in the heinous offence and attempted to commit the murder of CW.1 and if he is released on bail, he may commit similar offence. Therefore, learned HCGP prayed for rejection of bail. 5. Perused the material available on record. 6. On 06.03.2025, accused No.1 along with others took quarrel with victim on the premise that victim had - 4 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 affair with sister of accused No.1. Hence, there was scuffle between accused No.1 and victim. 7. At this juncture, the Investigating Officer has filed charge sheet in C.C.No.151/2025 before learned Senior Civil Judge and JMFC, Byadagi. As per the wound certificate furnished by the petitioner, petitioner has sustained following injuries: 1) L/w over Left parietal region lateral 4 X 1 cm 2) L/w over Right parietal region posterior 2 X 2 cm 3) L/w over occipital 3 X 1 cm 4) Left ear pinna cut laterally 3 cm. As per my opinion above mentioned injury no.(1), (2), (3) and (4) are simple in nature and caused by sharp object and less than 6 hours. 8. As per the opinion of the doctor injury Nos.1 to 4 are simple in nature and the victim has been discharged from the hospital and it shows that he is out of danger. The - 5 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 alleged offences are not punishable with death or imprisonment for life. 9. Further, considering the nature of offence, it is just and necessary to grant bail in favour of petitioner/accused No.1. Accordingly, this Court proceed to pass the following: ORDER i) The criminal petition is allowed. ii) The petitioner – accused No.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two local sureties for the likesum to the satisfaction of the jurisdictional Court/Trial Court. iii) The petitioner shall not tamper the prosecution witnesses in any manner. iv) The petitioner shall attend the Court regularly. v) The petitioner shall not indulge in any similar offences. - 6 - HC-KAR NC: 2025:KHC-D:7276 CRL.P No. 101646 of 2025 Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 20