- 1 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104662 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. JUNED S/O. MEHABOOB RAJAGOLI, AGE. 31 YEARS, OCC. BUSINESS, R/O. VADAGAON, BELAGAVI, TQ. DIST. BELAGAVI. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY BELAGAVI RURAL P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT HIM REGULAR BAIL IN THE CRIME NO.156/2025 OF BELAGAVI RURAL POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 105, 125(A), 125(B) OF BNS NOW PENDING BEFORE JMFC-II COURT BELAGAVI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 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 present petitioner/sole accused is before this Court seeking for regular bail in Crime No.156/2025 of respondent – police for the offences under Sections 281, 106(1), 125(a)(b) of Bhartiya Nyaya Sanhita, 20231. Brief facts of the case: 2. The case of the prosecution is that, on 17.08.2025, the petitioner drove his Tata Vista car bearing its registration No.KA-30/M-6467 along with his friends Ilyas and Imam in Belavatti-Bijgarni road in a rash and negligent manner, and dashed the motorcycle bearing its registration No.MH-09/EQ-7428 which was coming from Belavatti village and caused fatal injuries to the rider, Smt. Lakshmi and her daughter Rohini. Though, Rohini was shifted to the hospital, she succumbed to the injuries. 1 For short, ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 of 2025 3. On the basis of the complaint, the respondent- police registered a case against the petitioner for the offences stated supra. The investigation is under progress. 4. Heard Sri. N. D. Gunde, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. The submission of the learned counsel for the petitioner is that, the allegations made against the petitioner are baseless and false. The petitioner is innocent of the alleged offences. 6. It is further submitted that the rider of the motorcycle was taking three persons on her scooter, as she could not control the scooter, she herself dashed the car and the liability is fixed on the driver which is not correct and it is also an admitted fact that, it was triple riding. 7. It is further submitted that, the petitioner is aged about 31 years and permanent resident of Vadagaon, Belagavi. He will abide the conditions imposed by this Court - 4 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 of 2025 in the event of his release on bail. Making such submissions, he prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioner being a driver of the car, drove the said car in a rash and negligent manner and dashed the scooter and caused death of two persons and also caused injuries to the rider of the motorcycle. 9. It is further submitted that, the driver was driving the vehicle under the influence of alcohol. Therefore, it is not appropriate to grant him bail. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the records that, the accident occurred on 17.08.2025 around about 7.00 p.m. The petitioner was arrested on 10.10.2025, after lapse of two months. The manner in which the petitioner was arrested creates doubt regarding his presence. - 5 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 of 2025 11. Considering the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 12. 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.156/2025 of respondent – police, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 6 - HC-KAR NC: 2025:KHC-D:16254 CRL.P No. 104662 of 2025 (vi) The petitioner shall not involve in any criminal cases till disposal of the case. (vii) The petitioner shall co-operate with the investigation till filing of the charge sheet. 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 SMM/CT: UMD List No.: 1 Sl No.: 88