- 1 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101486 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MADHU @ MADHU VALMIKI S/O. SIDDAPPA, AGE: 25 YEARS, OCC. PRIVATE COMPANY, NEAR MUTYALAMMA TEMPLE, DEVINAGAR, BALLARI-583101. 2. KHALID KHAN S/O. MEHABOOB KHAN, AGE: 29 YEARS, OCC. DRIVER, R/O. ESHWAR TEMPLE, GUGGARATTI, BALLARI-583101. 3. K.M. SAMEER AFTAF S/O. K.M. SHAMSHUDDIN, AGE: 21 YEARS, OCC. DRIVER, R/O. ESHWAR TEMPLE, GUGGARATTI, BALLARI-583101. 4. MOHAMMED IRSHAD S/O. M.GOUSE, AGE: 26 YEARS, OCC. DRIVER, R/O. PANDURANGA TEMPLE, V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:23:28 +0530 - 2 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 GUGGARATTI, BALLARI-583101. …PETITIONERS (BY SRI J.BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA (BY COWLBAZAR P.S. BALLARI) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS 2023 R/W. 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION, GRANT REGULAR BAIL IN CRIME NO. 36/2025 REGISTERED UNDER SECTIONS 189(2), 191(2), 191(3), 190, 118(1), 109, 352 OF BNS, REGISTERED BY COWL BAZAR POLICE STATION, BALLARI DISTRICT IN SO FAR AS PETITIONERS/ACCUSED NOS. 7 TO 10 ARE CONCERNED ONLY, PENDING INVESTIGATION AND TRIAL OF THE CASE BEFORE THE 2ND ADDL. CIVIL JUDGE AND JMFC BALLARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Basavaraj J. learned counsel for the petitioners and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with the following prayer: “To allow this petition, grant regular bail in Crime No. 36/2025 registered under Sections 189(2), 191(2), 191(3), 190, 118(1), 109, 352 of BNS, registered by Cowl Bazar Police Station, Ballari District in so far as petitioners/accused Nos. 7 to 10 are concerned only, pending investigation and trial of the case before the 2nd Addl. Civil Judge and JMFC Ballari.” 3. A complaint came to be filed by Ramanjineyulu S/o Paramesh with Cowlbazar Police Station, Ballari, which - 4 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 was registered in Crime No.36/2025 on 17.02.2025 for the offence punishable under Sections 189(2), 191(2), 191(3), 190, 118(1), 109 and 352 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 4. Gist of the complaint averments would reveal that on 16.02.2025 in the mid night, when there was a religious function in the house of the complainant, the complainant and other were chitchatting near the public toilets. At that juncture, six persons who are shown as accused Nos.1 to 6 came there and are holding Beer bottle in their hands and throw the same on the road. When the complainant said to have questioned them as to why they have thrown the Beer bottle on the road, one of them took out the Beer bottle and broke the same and assaulted the complainant on his head. When the quarrel was sought to be pacified by the friends of the complainant by name Ramanna and Nagarjuna, all the six persons assaulted them also. 5. The request made by them for grant of regular bail was rejected by the learned trial Judge on the ground - 5 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 that the injuries sustained by the injured persons in the incident are grievous in nature. Thereafter, petitioners are before this Court. 6. Sri.J.Basavaraj, learned counsel for the petitioner reiterating the grounds urged in the revision petition sought for grant of bail taking note of the fact that accused No.1 is in custody on and from 22.02.2025 and remaining accused are in custody from 21.02.2025. 7. Per contra, learned High Court Government Pleader opposes the bail grounds. 8. Having heard the arguments on both sides, this Court has perused the material on record meticulously. 9. On such perusal of the material on record, it is crystal clear that the petitioners were not named by the complainant at the time of lodging the complaint and there is a specific averment that only six persons who came near the place of incident and assaulted himself and the said Ramanna and Nagarjuna. However, in the further statement, the name of the petitioners and others have also been taken by the complainant. - 6 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 10. Taking note of the fact that the accused are in custody on and from 21.02.2025, this Court is of the considered opinion that bail request of the petitioners can be granted. 11. Apprehensions expressed by the prosecution can be met by imposing suitable and stringent conditions including the ground of parity. 12. Accordingly, the following order: ORDER (i) Petition is allowed. (ii) Petitioners are directed to be enlarged on bail on executing bond in a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the trial Court. (iii) Petitioners shall attend the Court regularly. (iv) Petitioners shall not tamper the prosecution witnesses in any manner. (v) Petitioners shall mark their attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. - 7 - NC: 2025:KHC-D:5959 CRL.P No. 101486 of 2025 (vi) Petitioners shall not leave the Bellary District jurisdiction without prior permission. (vii) It is made clear that grant of bail to the present petitioners would not act as ground of parity ipso facto in respect of other petitioners are concerned. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE AC para Nos.1 to 4 HMB para 5 to end. CT:PA List No.: 1 Sl No.: 38