- 1 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 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.104145 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. MR. RAJU MADEV NAIK S/O. MADEV NAIK,S AGED ABOUT 37 YEARS, R/O. NO.1195/1, CHURCH ROAD, CHANDRAHITLU, BHATKAL, MAVALLI-2 MURUDESHWAR, UTTARA KANNADA-581350. 2. MR. JADADEESH VASU MOGER S/O. MR. VASU MOGER, AGED ABOUT 33 YEARS, R/O. NO.33 YEARS, R/O. NO.250, GANDHI NAGAR, HEBLE, BHATKAL, UTTARA KANNADA-581 320. …PETITIONERS (BY SRI. BHARATH KUMAR V., ADVOCATE APPEARED FOR SRI. MAHANTESH R.PATIL, ADVOCATE FOR PETITIONERS) AND: STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, MURUDESHWAR POLICE STATION, BHATKALA, UTTARA KANNADA, REPRESENTED BY Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 of 2025 STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, AT DHARWAD, DHARWAD-580 001. …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.1 AND 3 FOR THE ALLEGED OFFENCES UNDER SECTION 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: - 3 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners / accused Nos.1 and 3 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 - 4 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 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 that, petitioner No.2 was trying to assault with machete to said Mithun, he escaped from the blow. Similarly, petitioner No.1, who is arrayed as accused No.1 is stated to have assaulted with knife on the right hand and he caused bleeding injuries. - 5 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 of 2025 5. It is further submitted that the allegations are baseless and there is a case and counter case. Though, it is stated that the petitioners had committed offence under Section 109 of IPC, the prosecution has not established the intention to commit murder of the injured Mithun. Moreover, the complaint came to be registered by Shekar Manjunath Naik, who is not the injured in the said incident. 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. 6. 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 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. - 6 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 of 2025 7. 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. 8. 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 complainant in this case had also sustained injuries and a complaint was lodged, the same was registered as Crime No.97/2025 as a counter blast, therefore, this case is registered. 9. In the light of the observation made above, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:14348 CRL.P No. 104145 of 2025 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.: 14