- 1 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103758 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: SATISH GONA @ TINKU S/O. TINKU SHYAM GONA, AGE: 40 YEARS, OCC. DRIVER, R/O. MANTUR ROAD, JOPADI, HUBBALLI-580028. …PETITIONER (BY SRI AVINASH M. ANGADI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH HUBBALLI TOWN P.S., HUBBALLI R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, SECTION 439 OF CRPC., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL IN BEARING CRIME NO.113/2023 REGISTERED BY HUBBALLI TOWN P.S. HUBBALLI IN BEARING CASE NO. SC.5027/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353, 332, AND 307 OF IPC AND SECTION 27(1) OF ARMS ACT 1959 PENDING ON THE FILE OF V ADDL. DIST. AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.21 10:38:33 +0530 - 2 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Avinash M. Angadi, counsel for the revision petitioner and Smt. Girija Hiremath, learned HCGP for respondent-State. 2. Petition under Section 483 BNSS (439 of Cr.P.C.) with the following prayer. “Allow this petition and enlarge the Accused/Petitioner on regular bail in bearing Crime No.113/2023 registered by Hubballi Town P.S. Hubballi in bearing case No. SC.5027/2024 for the offences punishable under sections 353, 332, and 307 of IPC and Section 27(1) of Arms Act, 1959 pending on the file of Honb’ble V Addl. Dist. and Sessions Judge Dharwad sitting at Hubballi.” 3. Facts in brief which are utmost necessary for disposal of the petition are as under: 3.1 A complaint came to be lodged by Sri. Jagadish S/o Ningappa Maginamani who worked as police constable - 3 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 bearing buckle No.2613 of Hubballi Town Police, which came to be registered in Crime No.113/2023 for the offences punishable under Section 353, 332, 27 R/W Section 27(1) of Arms Act and charge sheet came to be filed invoking Section 307 of IPC as well. 3.2 Gist of the complaint averments would reveal that present petitioner is an accused in SC No.5035/2021. He was enlarged on bail in the said case and thereafter he jumped the bail. Learned Sessions Judge has issued non- bailable warrant against the revision petitioner. 3.3 When the Police personnel have received credible information that he was found near the railway under bridge on Gadag road on 25.11.2023 at about 4.15 p.m., they went there to apprehend him for executing the non- bailable warrant. 3.4 At that juncture, present petitioner said to have pulled out a sword and threatened the police personnel. But, police overpowered him and got into the police Jeep bearing No.KA-25/G-0730 and while on the way to the - 4 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 police station, he has assaulted the complainant with the said weapon on his neck region resulting in injuries caused to him. No doubt, injuries are simple in nature as there were only scratch marks on the neck region. 3.5 Police after thorough investigation filed charge sheet against the petitioner. 3.6 Request made by the petitioner for grant of regular bail is turned down by the learned Sessions Judge and thereafter, petitioner is before this Court. 4. Sri.Avinash M. Angadi, learned counsel for the petitioner with vehemence contend that the petitioner may be afforded one more chance to retrace the steps and be a good person in the society by enlarging him on bail. 5. He would further contend that the petitioner did not have any intention to take away the life of the complainant. In the case on hand, a trivial incident has been blown out of proportion and in the scuffle may be some scratch marks are there on the neck region of the - 5 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 complainant and it was not intended by the accused and no weapon is used in the incident and as such per se offence under Section 307 of IPC would not be attracted in the attended facts and circumstances of the case and thus sought for allowed the petition. 6. He would also contend that since one and half year accused is in custody and at the time of recording the spot mahazar in the previous case, police even tried to take away the life of the petitioner by firing him on his legs which shows that police are somehow interested in continuation of the accused in judicial custody in one way or the other and thus sought for enlarge him on bail. 7. Per contra, Smt.Girija Hiremath, learned HCGP opposes the bail grounds. She would contend that accused is a known criminal and he is having criminal antecedents. 8. She would further contend that very fact that accused jumped the bail in SC No.5035/2021 shows that accused is not a law abiding citizen. - 6 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 9. When the learned Sessions Judge has ordered non-bailable warrant, police in all earnestness were in the process of executing the non-bailable warrant and spotted the accused near the Railway under bridge at Gadag road in Hubballi and at that juncture, when the police personnel tried to apprehend the accused person, he showed the sword to the police and threatened them. However, police were able to apprehend him and being brought to the police station in the jeep, again accused assaulted with the weapon on the neck region of police official resulting in injuries caused to the complainant and therefore, the intention that is to be gathered from the attendant facts and circumstances would be sufficient enough to appreciate the prima facie case which would attract offence under Section 307 of IPC and thus sought for dismissal of the petition. 10. Having heard the parties in detail, this Court perused the material on record meticulously. - 7 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 11. On such perusal of the material on record, it is crystal clear that accused was already facing Sessions Case in SC No.5035/2021. On being enlarged on bail in the said case, accused failed to attend the Court regularly resulting in issuance of non-bailable warrant against the accused. 12. When the said warrant was being executed, the incident has occurred on 25.11.2023. Very fact that possessing a deadly weapon and usage of the same to threaten the Police, when they were discharging the duty of execution of Non-bailable warrant shows the conduct of the accused. 13. Whether at all, based on the injuries sustained by the complainant mentioned in the wound certificate which is filed along with the charge sheet, would be sufficient enough to establish the ingredients to attract the offence under Section 307 of IPC are cannot be decided by this Court at this stage by holding a mini trial. - 8 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 14. Suffice to say that the material available on record atleast at this stage would definitely disentitle the petitioner from obtaining an order of grant of regular bail by resorting to the special powers vested in this Court under Section 439 of Cr.P.C. 15. Holding of a mini trial in the matter of this nature, at the time of deciding the bail application is deprecated by catena of judgments by this Court as well as by Hon’ble Apex Court. 16. Thus, desisting from holding the mini trial when the material on record is appreciated at least at this stage, prima facie materials are found against the accused so also the conduct of the accused which would disentitle the petitioner from getting an order of bail. 17. Merely on the ground accused being is in custody for a period of one and half year would not be sufficient in according to the bail request of the petitioner. - 9 - NC: 2025:KHC-D:4580 CRL.P No. 103758 of 2024 18. It is always open for the petitioner to renew the bail request with a successive bail application if there is a positive changed circumstance in the case. Reserving such liberty to the petitioner, the following order is passed: ORDER Bail petition is rejected. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA, LIST sNO.: 1 SL NO.: 8