- 1 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101265 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SIRAJ @ MAHMADSHIRAJ S/O. AFZALSAB PANIBAND, (IN FIR MENTIONED AS SIRAJ AHMAD PANHIBANDI) AGE: 38 YEARS, OCC. BUSINESS, R/O. ASWAMEDHA PARK, AMARAGOL, HUBBALLI, DIST. DHARWAD. (ACCUSED NO.1 IN APMC NAVANAGAR PS CRIME NO.14/2025) 2. AHMED @ AHMEDALI S/O. MOULALI HANAGAL, (IN FIR MENTIONED AS AGMAD DANDELI) AGE: 21 YEARS, OCC. AUTO DRIVER, R/O. OPP TO APMC BEHIND BISMILA HOTEL, ISHWAR NAGAR, HUBBALLI. DIST. DHARWAD. (ACCUSED NO.2 IN APMC NAVANAGAR PS CRIME NO.14/2025) …PETITIONERS (BY SRI S.B.DODDAGOUDAR, ADVOCATE FOR SRI A.C. CHAKALABBI, ADVOCATE) AND: THE STATE OF KARNATAKA (PSI APMC NAVANAGAR STATION, HUBBALLI) REP. BY S.P.P., HIGH COURT BUILDING, DHARWAD …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED 483 OF BNSS R/W. U/S. 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN APMC NAVANAGAR POLICE STATION, CRIME NO.14/2025 PENDING ON THE FILE OF III ADDL.SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI FOR THE OFFENCES PUNISHABLE U/SECTIONS 61 (2) (A), UNDER SECTIONS 109(1), 3(5), 351(3), 352 OF BNSS 2023, IN SO FOR AS THE PETITIONERS/ACCUSED NO.1 AND 2 IN THE ABOVE CASE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.S.B.Doddagoudar, learned counsel for Smt. A.C.Chakalabbi, counsel for the petitioner and Smt. Girija S. Hiremath, High Court Government Pleader for respondent-State. 2. Bail petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To enlarge the petitioners on regular bail in APMC Navanagar Police Station, Crime No.14/2025 pending on the file of III Addl. Senior Civil Judge and JMFC Court, Hubballi for the offences punishable under Sections 61(2) (a),109(1), 3(5), 351(3), 352 of BNSS 2023, in so for as the petitioners/accused no.1 and 2 in the above case”. - 3 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 3. In respect of a stab injury, wife of the injured Jabiulla, Ballari lodged a complaint with APMC Navanagar Police Station, North sub-division which is registered in Crime No.14/2025. 4. Gist of the complaint averments should reveal that, in respect of a birthday party, the injured had been to High On-63 bar and restaurant. Later, accused No.1 went there and then picked up the quarrel with the injured stating that, why the injured did not invite him for the party. In that regard, there was an altercation and accused No.1 abused husband of complainant in filthy language and took out a knife and stabbed him on the lower abdomen region. Quarrel was pacified and he was shifted to KIMS Hospital, wherein, injured has been treated and discharged on the same day. 5. After registering the case, Police investigated matter, inter alia arrested the present petitioners. - 4 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 6. Request made by them to grant bail is rejected by the learned Sessions Judge and thereafter, they are before this Court. 7. Sri.S.B.Doddagouder contends that from the date of arrest i.e. from 02.02.2025, accused-petitioners are in custody and taking note of the trivial incident that has been blown out of proportion and gravity of the offence is reduced to considerable extent. Taking note of the fact that injured got discharged on the same day, continuation of the accused-petitioners in the custody is no longer warranted and sought for allowing the petition. 8. Per contra, learned High Court Government Pleader opposes the bail grounds. 9. Having heard the parties, this Court perused the material on record meticulously. 10. Admittedly, the incident has occurred at the spur of the movement. A small incident has taken ugly shape in injured being stabbed by the accused No.1 on the - 5 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 lower abdomen region. Fortunately, the injury did not cause any serious life threat to the injured and he was discharged on the same day after taking treatment for a brief period in KIMS Hospital. 11. Taking note of these aspects of the matter and accused are in custody from 02.02.2025, this Court is of the considered opinion that continuation of the accused in judicial custody is no longer warranted. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 12. Accordingly, the following order is passed: ORDER (i) Revision Petition is allowed. (ii) Petitioners are directed to be enlarged on bail on executing the bond in a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction the trial Court. - 6 - NC: 2025:KHC-D:5445 CRL.P No. 101265 of 2025 (iii) Petitioners shall not tamper the prosecution evidence in any manner. (iv) Petitioners shall attend the Court regularly. (v) Petitioners shall not live the jurisdiction of Hubli-Dharwad District without prior permission of the Court. (vi) Petitioners shall mark attendance on every third Sunday between 10:00 AM to 2:00 PM, till the final report is filed. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 1 Sl No.: 19