- 1 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101449 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI ARUN C.N., S/O. NAGARAJU C.N., AGED ABOUT 20 YEARS, OCC. STUDENT, R/A. 5TH MAIN, SRINIVAS NAGAR, SRIGANDHA KAVALU, SUNKADKATTE, BENGALURU-577217. 2. SHRI TARUN KUMAR U., S/O. UMASHANKAR, AGED ABOUT 19 YEARS, OCC. STUDENT, R/A. 16TH CROSS, SRINIVAS NAGAR, SRIGANDHA KAVALU, SUNKADKATTE, BENGALURU-577217. 3. SHRI JAYANT N., S/O. NARASHIMA MURTHY, AGED ABOUT 21 YEARS, OCC. GRINDING WORK, R/A. 8TH MAIN, SRINIVAS NAGAR, SRIGANDHA KAVALU, SUNKADKATTE, BENGALURU-577217. 4. SHRI ROSHAN GOUDA S., S/O. SHIVALINGAYYA, AGED ABOUT 20 YEARS, OCC. STUDENT, R/A. MADAPPANAKOPPALU VILLAGE, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT-571429. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.25 14:51:16 +0530 - 2 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 5. SHRI PAVAN KUMAR T.S., S/O. SHIVAKUMAR B., AGED ABOUT 21 YEARS, OCC. GRINDING WORK, R/A. 20TH CROSS, R/A. MUTTUGAY SWAMY LAYOUT, SUNKADKATTE, BENGALURU-577217. 6. SHRI KUSHAL B. S/O. BOREGOUDA, AGED ABOUT 19 YEARS, OCC. STUDENT, R/A. PIPELINE ROAD, NEAR BHUVANESHWAR SCHOOL, SRINIVAS NAGAR, SRIGANDHA KAVALU, SUNKADKATTE, BENGALURU-577217. …PETITIONERS (BY SRI. NAYANA KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GOKARNA P.S., BHATKAL SUB DIVISION, UTTARA KANNADA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NOS.1, 2, 3, 4, 5 AND 6 ON BAIL IN CRIME NO.13/2025 AT GOKARNA POLICE STATION, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, UTTARA KANNADA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(3), 109, 115(2), 118(1), 352, R/W 190 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Nayana Kumar, learned counsel for petitioners and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition by accused Nos.1 to 6 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To enlarge the Petitioners/Accused Nos.1, 2, 3, 4, 5 and 6 on bail in Crime No.13/2025 at Gokarna Police Station, pending on the file of Additional Civil Judge (Jr.Dn) and JMFC Court, Uttara Kannada District for the offences punishable under Sections 189(2), 191(3), 109, 115(2), 118(1), 352, R/W 190 of BNS, 2023.” 3. Facts in brief which are necessary for disposal of the petition are as under: A complaint came to be lodged with Gokarna Police Station on 20.02.2025 at about 7:30 p.m. by Vikas - 4 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 Prabhakar Harikantra which was registered in Crime No.13/2025 for the offences punishable under Sections 189(2), 191(3), 109, 115(2), 118(1), 352 read with Section 190 of BNS. 4. Gist of the complaint averments would reveal that the complainant and others had been to Gokarna and after visiting the Mahabaleshwar Temple in Gokarna, they had been to Om Beach for spending quality time. At about 4:00 p.m. complainant and his friend Ganesha Rathod had taken dip in the sea in the nearby place about 10-12 persons were swimming in the sea. It seems those group of persons told complainant and his friend ‘enjoy’. Complainant said to have replied ‘OK Anna’. 5. At that juncture, one among the group members came and picked up the quarrel with the complainant by abusing him in filthy language and started assaulting him. Friend of the complainant Ganesha tried to rescue the complainant. At that juncture, the group again followed them and it was around 6:00 p.m. when - 5 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 complainant and his friend reached the parking place and parked the motorcycle, all the accused persons came there and picked up the quarrel with friend of the complainant and slapped Ganesha. When the complainant tried to rescue Ganesha, the quarrel got aggravated and among them one Tarun had held Ganesha and Arun took a stick and assaulted Ganesha on his head and Ganesha suffered bleeding injury. Arun, Jayant, Roshan Gouda kicked Ganesha. Again Arun, Kushal and Pavan assaulted the complainant and Kushal twisted the finger of the right hand. General public started coming near the place of incident. As such all the accused persons ran away from the spot. Ambulance was secured and complainant and injured were shifted to the hospital. 6. After registering the complaint, police investigated the matter inter alia arrested the present petitioners. Request made by the petitioners to obtain an order of grant of bail was turned down by the learned - 6 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 District Judge. Thereafter, petitioners are before this Court. 7. Sri Nayana Kumar, learned counsel for petitioners reiterating the grounds urged in the bail petition vehemently contended that trivial incident has been blown out proportion by the prosecution and the wound certificate does not depict any grievous injury and therefore gravity of the offence has been tappled down to a considerable extent and taking note of the fact that the charge sheet is filed, request of the petitioners for grant of bail may be considered. 8. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds and sought for dismissal of the petition. 9. Having heard the arguments of both side, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that the incident has occurred at the spur of - 7 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 moment. Whether at all the petitioners had an intention to take away the life of the complainant Ganesha is a question that needs to be decided after full-fledged trial. 11. Suffice it to say that prima facie materials available on record would not ipso facto make out a case for denial of bail by resorting the special powers vested in this Court. More so having regard to the fact that the investigation is now completed and charge sheet is filed. 12. Taking note of these aspects of the matter, the petitioners are entitled to be enlarged on bail. Other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 13. Accordingly, following order is passed. ORDER (i) The criminal petition is allowed. (ii) The Petitioners shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees Two Lakh only] with two sureties of which one surety must be a - 8 - NC: 2025:KHC-D:6844 CRL.P No. 101449 of 2025 local surety for the likesum to the satisfaction of the learned Trial Court. (iii) The petitioners shall not tamper the prosecution witnesses in any manner. (iv) Petitioners shall attend the Court regularly. (v) The petitioners shall not indulge in similar offences. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 11