- 1 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102121 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI SHAHAJI YESHAWANT PUJARI, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O. PANDEGAON, TALUK: ATHANI, DISTRICT. BELAGAVI-590101. …PETITIONER (BY SHRI VITTHAL S. TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY. THE PUBLIC PROSECUTOR, ATHANI, THROUGH ATHANI POLICE STATION, BELAGAVI- 590101. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO GRANT REGULAR BAIL IN ATHANI P.S CR. NO.118/2024 C.C. NO.2066/2024 ACCUSED NO.1 FOR OFFENCES UNDER SECTIONS 143, 147, 148, 323, 324, 307, 504 AND 506 R/W SECTION 149 OF INDIAN PENAL CODE PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ATHANI, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent- State. 2. The petitioner has filed this petition under Section 439 of Criminal procedure Code (for short, ‘the Cr.P.C.’), praying to grant him bail in Crime No.118/2024 registered by the respondent-Police for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504 and 506 R/W Section 149 Of Indian Penal Code (IPC). 3. The brief facts of the prosecution case are as under: On 18.03.2024 at about 7.30 p.m., the accused Shahaji brought one tractor and the accused-Ashok - 3 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 brought one tractor and started cultivating the land bearing Sy.No.06/2012, on seeing the complainant Sharavan Kumar and his wife-Surekha and his sons Karisidda and Vittal all together went and asked them to stop ploughing the land as the said land belong to them. The accused-Shahaji and Ashok picked up quarrel with the complainant, his wife and his sons, claiming that they have purchased the land belongs to them. The accused persons abused them in filthy language and criminally intimidated by giving life threat to them. The accused- Shahaji Pujari who was holding Talawar in his hand with an intention to commit murder, tried to assault Karisidda on his neck. Then in order to avoid the blow, Karisidda protected his left hand and tried to catch hold the Talawar. As a result of which, his left hand forearm chapped and fell on the ground. The accused Promod stabbed Karisidda with knife on his stomach and his neck and also tried to kill him. The accused-Shahaji assaulted Karisidda with the - 4 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 same Talawar on left hand side of Karisidda and accused Shivaji in order to kill the complainant assaulted the complainant with iron rod on his head and hand. The accused Sandeep assaulted Vittal with wooden stick on his left hand and head. Other 10 to 15 persons, who were with the accused, also assaulted them with hands and kicked them. As they raised huge and cry, the accused persons fled away from the spot by abusing them filthy language intimidating them by giving life threat. Based on the complaint, the Athani Police have registered the case against the accused. 4. The learned counsel for the petitioner contended that the petitioner is innocent, he has not committed any offence as alleged by the prosecution; he has been falsely implicated in the case. There is no overt act alleged against him and he is ready to abide by any conditions that may be imposed by this Court. Now, the investigation is completed and investigating officer has - 5 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 filed charge sheet. The petitioner is in judicial custody since one and half year. On all these grounds, he prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader for respondent-State contended that petitioner is involved in the offence punishable under Section 307 of the IPC and there is prima facie material against accused. If he is released on bail, he may threaten the prosecution witnesses and would hamper the investigation as well as the trial. Thus, considering the nature and gravity of the offence, the petitioner is not entitled for bail. Hence, he prayed to reject the bail petition. 6. Perused the material on record, investigating officer after completing the investigation, has filed charge sheet. 7. On perusal of the column No.17 of the charge sheet and statement of witnesses, it clearly reveals that - 6 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 on 18.03.2024 at about 7.30 p.m., all the accused persons formed an unlawful assembly in respect of encroachment of land bearing Survey No.06/12, while they were undertaken agricultural land activities with tool through tractor, accused persons took quarrel with complainant and his family members, assaulted CW.1 with Talawar on the left hand of the first information and thereby, amputated his left hand and also assaulted on his head and others also assaulted other injured. Now, the injured is discharged from the hospital and doctor has issued wound certificate and opined that injury sustained by CW.1 is grievous in nature i.e., amputation of left hand. Admittedly, the alleged offences are not punishable with death or imprisonment for life. From the charge sheet material, it clearly established that as there is civil litigation between the parties. 8. Having regard to the facts and circumstances of the case and looking into the nature of allegation made - 7 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner, tempering of the prosecution witnesses, petitioner is entitled for grant of bail. Accordingly, this Court proceeds to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.118/2024 of respondent - Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with two surety for the likesum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner shall not tamper the prosecution witnesses and threaten the complainant. - 8 - HC-KAR NC: 2025:KHC-D:7456 CRL.P No. 102121 of 2025 ii. He shall appear before the Jurisdictional Court regularly without fail. iii. He shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Note:-The above observations are made only for the purpose of disposal of this case. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 23