- 1 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101101 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SANTOSH S/O. RACHAPPA HEBBALLI, AGE: 36 YEARS, OCC. AGRICULTURE, R/A. A.B.PYATI SAL ONI, UNKAL, HUBBALLI-580031. …PETITIONER (BY SRI GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA VIDYANAGAR POLICE STATION, DIST. DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023, SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL IN VIDYANAGAR POLICE STATION CRIME NO. 13/2025 PENDING ON THE FILE OF HON’BLE 1ST ADDITIONAL CIVIL JUDGE AND JMFC, AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 118(2), 132, 109, 126(2), 351(2), 352, 351(3) OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.19 10:34:49 +0530 - 2 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Gouri Shankar Mot, learned counsel for petitioner and Smt .Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) with the following prayer: “To enlarge the petitioner/accused on regular bail in Vidyanagar Police Station Crime No. 13/2025 pending on the file of Hon’ble 1st Additional Civil Judge and JMFC, at Hubballi for the offence punishable Under Sections 115(2), 118(2), 132, 109, 126(2), 351(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023.” 3. A complaint came to be lodged by Ismailsab S/o. Ganisab Hanchinamani with Vidyanagar Police, Hubballi, contending that on 31.01.2025, he was discharging his work as a conductor in the afternoon shift and when he was proceeding from CBT, Hubballi to Sangolli Rayanna Nagar via Gamanagatti, at about 5:30 - 3 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 p.m. near Unkal, after the bus had stopped in Siddappajjana Gudi bus stop, some passengers got into bus. 3.1 He was issuing the tickets to the passengers and when the bus had reached near Srinagar cross, one such passenger addressed him that ‘£À£ÀUÉ UÁªÀÄ£ÀUÀnÖ nPÉÃmï PÉÆqÀ¯Éà ªÀÄUÀ£À’. He told the said passenger to behave properly. 3.2 At that juncture, again the said person abused him in filthy language and slapped him. Further, the said passenger snatched the ETM machine and assaulted him with the said machine on his head and other parts of the body. Observing such altercation, driver of the bus Shivanagappa Vadakannavar stopped the bus and petitioner was apprehended. At that juncture, the petitioner again gave him life threat. 3.3 Based on the said complaint, Vidyanagar Police, Hubballi registered the case against the petitioner for the offences punishable under Section 115(2), 118(2), 132, - 4 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 109, 126(2), 351(2) and (3) and 352 of BNSS. Matter is being investigated. Request made by the petitioner seeking grant of bail is rejected by the learned Special Judge and thereafter the petitioner has approached this Court with this bail petition. 4. Sri Gouri Shankar Mot, learned counsel for petitioner would contend that accused-petitioner is in custody for last 50 days and investigation has progressed to considerable extent and therefore continuation of the petitioner in judicial custody is no longer warranted. 5. Per contra, Smt .Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds. 6. Having heard the arguments of both sides, this Court has perused the records. 7. Admittedly, the complainant has sustained simple injury and he was treated in outpatient department. Whether at all petitioner had the intention to - 5 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 take away the life of the complainant or not, cannot be decided by this Court at this stage. 8. Taking note of the nature of injury and the genesis of the crime as is found in the complaint averments, this Court is of the considered opinion that continuation of the petitioner in judicial custody is no longer warranted. 9. Other apprehensions of the prosecution can be met with by imposing suitable stringent conditions. 10. Accordingly, following order is passed: ORDER (i) Criminal Petition is allowed. (ii) Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- [Rupees Fifty Thousand only] with one surety for the likesum to the satisfaction of the learned Trial Judge. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. - 6 - NC: 2025:KHC-D:4909 CRL.P No. 101101 of 2025 (v) Petitioner shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 15