- 1 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104146 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. MR. BHASKAR MADEV NAIK S/O. MR. MADEV NAIK, AGED ABOUT 44 YEARS, R/O. NO.1195/1, CHURCH ROAD, CHANDRAHITLU, BHATKAL, MAVALLI, MURUDESHWAR, UTTARA KANNADA-581 350. 2. MR. HRUTHVIK @ KESHAV MADEV NAIK S/O. MR. MADEV NAIK, AGED ABOUT 25 YEARS, R/O. NO.1195/1, CHURCH ROAD, CHANDRAHITLU, BHATKAL, MAVALLI-2, MURUDESHWAR, UTTARA KANNDA-581350. 3. MR. GANESH JAYANT NAIK S/O. JAYANT NAIK, AGED ABOUT 23 YEARS, R/O. CHANDRAHITLU, BHATKAL, MAVALLI-2, MURUDESHWAR, UTTARA KANNADA-580350. 4. MR. GANESH BABU NAIK S/O. MR. BABHU NAIK, AGED ABOUT 26 YEARS, R/O. KELAGINASHERUGARKERI, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 BHATKAL, UTTARA KANNDA-581350. 5. MR. VINOD RAMACHANDRA NAIK S/O. RAMACHANDRA NAIK, AGED ABOUT 25 YEARS, R/O. 163 KANCHEGUNDI MANE, BUNDER ROAD, BELNI POST, BHATKAL, MAVINAKURVE, UTTARA KANNADA-581320. 6. MR. SHIVARAJ NAGARAJ NAIK S/O. NAGARAJ NAIK, AGED ABOUT 24 YEARS, R/O. MITRU MANE, SABHATI, TERNAMAKKI, BHATKAL, UTTARA KANNADA-581421. 7. MR. ROHIT ASHOK MOGAVEERA S/O. MR. ASHOK MOGAVEERA, AGED ABOUT 20 YEARS, R/O. CHANDRAHITHTLU, MAVALLI-2 MURUDESHWAR, BHATKAL, UTTARA KANNADA-581350. 8. MR. SUNDAR NAIK, AGED ABOUT 50 YEARS, R/O. NO.3260 CHURCH ROAD, CHANDRAHITLU, BHATKAL MAVALLI, MURUDESHWAR, UTTARA KANNADA-581350. 9. MR. VASANT MADEV NAIK S/O. MADEV NAIK, AGED ABOUT 40 YEARS, R/O. NO.1195/1, CHURCH ROAD, CHANDRAHITLU, BHATKAL, MAVALLI-2, MURUDESHWAR, UTTARA KANNADA-581350. …PETITIONERS (BY SRI. BHARATHKUMAR V., ADVOCATE FOR SRI. MAHANTESH R.PATIL, ADVOCATE FOR PETITIONERS THROUGH VC) - 3 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 AND: STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, MURUDESHWAR POLICE STATION, BHATKALA, UTTARA KANNDA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, AT DHARWAD, DHARWAD-581350. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT (STATE)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS HEREIN ON BAIL, IN THE EVENT OF THEIR ARREST IN RESPECT OF FIR / CRIME NO.98/2025, REGISTERED WITH THE RESPONDENT MURUDESHWAR POLICE STATION, WHEREIN, THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED NO.2, 4 TO 9, 11 AND 13 FOR THE ALLEGED OFFENCES UNDER SECTIONS 109, 118(1), 189(2), 351(2), 191(2), 190 AND 352 OF THE BHARATIYA NYAYA SANHITA (BNS), PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, UTTARKANNADA, SITTING AT: KARWAR AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners who are arraigned as accused Nos.2, 4, 5, 6, 7, 8, 9, 10, 11 and 13 are before this Court seeking anticipatory bail in Crime No.98/2025 of Murudeshwar Police Station for the offences punishable under Sections 109, 118(1), 189(2), 351(2), 191(2), 190, 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023), pending on the file II Additional District and Sessions Judge, Uttarakannada, Sitting at Karwar. The factual matrix of the case: 2. The case of the prosecution is that, on 20.08.2025 around 3.30 p.m., the complainant, namely, Shekar S/o Manjunath Naik lodges a complaint at Government Hospital, Bhatkal stating that, on 19.08.2025, his friend Mithun Naik was waiting for the customers to book the room at Murudeshwara, Raju Naik and Bhaskar Naik were staring at him. The said Mithun had informed the same to his friend. At that time, accused Nos.1 to 13 in furtherance of common object, started - 5 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 assaulting Mithun with a machete, he escaped from the blow. Then, Raju Naik assaulted with knife, however, Mithun escaped from the assault. Thereafter, the said Raju Naik assaulted on the back and right hand of Mithun. Further, all the accused threatened the said Mithun and went away. Therefore, a complaint came to be registered by the respondent police against all the accused in Crime No.98/2025 for the offences stated supra. 3. Heard Sri.Bharath Kumar.V, learned counsel appearing for Sri.Mahantesh.R Patil, learned counsel for the petitioners and Sri.Jairam Siddi, learned HCGP for the respondent – State. 4. It is the submission of learned counsel for the petitioners that the petitioners are innocent of alleged offences and they have been falsely implicated in this case. Even assuming that the overt-act of the petitioners are considered as true, they did not assault the said Mithun with any weapons. 5. It is further submitted that the entire allegations made in the complaint against accused Nos.1 and 3. The presence of these petitioners is doubtful at the spot. The complainant who is not the injured has with intention to - 6 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 implicate them in a false case and mentioned the name of the petitioners in the complaint. In fact, the complaint was lodged against this complainant and others before the same police much earlier than the present complaint. In other words, the complainant was one of the accused in Crime No.97/2025 of the same police station given by Rajesh Mahadev Naik. 6. It is further submitted that the petitioners are earning members of their respective families and they are the permanent residents of Murudeshwara. They will abide the conditions imposed by this Court, in the event of their release on bail. Therefore, it is appropriate to grant anticipatory bail as prayed for in the interest of justice. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 7. Per contra, the learned High Court Government Pleader vehemently submitted that the accused Nos.1 to 13 in furtherance of common object in order to commit murder of Mithun, the petitioners herein had assaulted with lethal weapon like machete and also knife and caused injuries to the said Mithun. The manner in which they assaulted on the vital parts of the body of Mithun and also considering the gravity of the - 7 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 offences, they are not entitled for the relief as prayed for. Making such submissions, learned HCGP for the respondent – State prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the accused Nos.1 and 3 are stated to have assaulted Mithun with machete and knife. Though, it is stated that they assaulted the injured and he was hospitalized, as per the instructions, the injured is out of danger and he is discharged from the hospital. 9. Having considered the facts and circumstances of the case, I am of the considered opinion that, the petitioners have made out a case to grant the relief as prayed for. It is needless to say that one of the members of other group had sustained injuries and lodged a complaint against the complainant herein and the same was registered as Crime No.97/2025 as a counter blast, therefore, this case is registered. 10. In the light of the observation made above, I proceed to pass the following; - 8 - HC-KAR NC: 2025:KHC-D:14349 CRL.P No. 104146 of 2025 ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.98/2025 of Murudeshwar Police Station for the offences stated supra, pending on the file of II Additional District and Sessions Judge, Uttara Kannada, Sitting at Karwar, by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] each with one surety each to the satisfaction of the Investigating Officer subject to following conditions; a) The petitioners shall co-operate with the investigation as and when it is required. b) The petitioners shall not threaten or tamper the prosecution witnesses. Sd/- (S.RACHAIAH) JUDGE UN/CT: UMD List No.: 2 Sl No.: 15