- 1 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101799 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI. ASIF @ IBRAHIM S/O. ISMAIL METIPATIL, AGE: 22 YEARS, OCC: AGRICULTURE, R/O. JANAWAD, TALUKA: ATHANI, DIST. BELAGAVI, PIN CODE-597260. …PETITIONER (BY SRI. PRIYANKA HANUMANTH PAWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ATHANI POLICE, TALUKA: ATHANI, DIST. BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGED ON BAIL THIS PETITIONER MAY KINDLY BE ORDERED TO BE RELEASED ON BAIL IN ATHANI P.S CRIME NO.116/2025 FOR THE OFFENCE PUNISHABLE U/S.118(2), 109(1), 351(2), 352 R/W. 3(5) OF BNS 2023 PENDING FILE OF THE PRL. CIVIL JUDGE (JR. DN) AND JMFC ATHANI IN THE INTEREST OF JUSTICE. 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:7447 CRL.P No. 101799 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner/accused No.1 and learned High Court Government Pleader for respondent-State. 2. The petitioner has filed this petition under Section 483 of BNSS. 2023 (439 of Cr.P.C.) to enlarge him on bail in Crime No.116/2025 of Athani Police for the offences punishable under Sections 118(2), 109(1), 351(1), 352 R/W 3(5) of BNS-2023. 3. Brief facts of the prosecution case are as under: On 20.03.2025 at about 8 p.m. , the first informant and injured Chetan had been to Janwada village, near Yallawwa Tahi gudi and asked accused No.1-Asif @ Ibrahim as to why he has abused them. In turn the petitioner asked Ismail to assault the Chetan with knife on his abdomen. However, Chetan escaped and he caused - 3 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 injury on the left thai of Chetan and other accused persons came with a stone and started beating complainant with stone. Hence, a complaint was came to be lodged and petitioner was arrested by respondent-Police and remanded to police custody. 4. The learned counsel for the petitioner contended that the petitioner is innocent. He has not committed any offence as alleged by the prosecution and there are no criminal antecedents of the petitioner. More so, injured has already been discharged from the Hospital. As per the medical report, injured Chetan had sustained simple injury . Now, investigation is completed and Investigation Officer has already filed charge sheet against the accused persons and there is no necessity of the petitioner to continue in judicial custody and petitioner is ready to abide by the conditions to be imposed by this Court. Hence, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 5. Per contra, learned HCGP would contend that there is prima facie material against the petitioner, he has attempted to commit the murder of first informant/injured. If he released on bail, he would hamper the investigation and hence prays to dismiss the bail petition. 6. On perusal of the material available on record, it appears that on the date of incident i.e. on 20.03.2025 at about 8 p.m. there was scuffle between first informant/injured and accused No.1-Asif, as to intentional insult made by accused No.1 on the previous day. Hence, accused No.1 voluntarily caused injury on the left thai of injured Chetan. As per wound certificate issued by the medical office, injury sustained is simple in nature and injured has already been discharges from the Hospital. The alleged offences are not punishable with death or imprisonment for life and the charge sheet has already been filed against the accused. - 5 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 7. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood of he fleeing away from the justice, repeating same offences, tampering with witnesses, character and antecedents of the accused. Further the law is well settled that, while disposing of the bail petition, Court need not scan the prosecution papers and hold a mini trial. Keeping all these factors in mind and careful perusal of the entire material on record, this Court is of the opinion that, this is a fit case to grant bail. Accordingly I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner / accused No.1 is ordered to be enlarged on bail in Crime No.116/2025 of Athani Police registered for the offences punishable under Sections 118(2), 109(1), - 6 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 351(1), 352 R/W 3(5) of BNS-2023., on the following conditions. (i) The petitioner / accused No.1 shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses. (iii) The petitioner shall attend the jurisdictional Court regularly. (iv) The petitioner shall mark his attendance before the jurisdictional Police on first Sunday of Every month between 10 a.m. to 5 p.m. for a period of six months or till filing of the final report, whichever is earlier. (v) The petitioner shall not involve in the similar offences. - 7 - HC-KAR NC: 2025:KHC-D:7447 CRL.P No. 101799 of 2025 Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (VENKATESH NAIK T) JUDGE HMB /CT-AN List No.: 1 Sl No.: 12