- 1 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101629 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: 1. MOHAMMAD SADIK S/O. DADAPEER KITTUR AGE. 35 YEARS, OCC. PRIVATE, R/O. KRUPA NAGAR, 3RD CROSS, HUBBALLI, DIST. DHARWAD. 2. IMTIYAZ S/O. JABBAARKHAN PATHAN, AGE. 50 YEARS, OCC. PRIVATE, R/O. MILLAT NAGAR, NEAR ABRAR MASJID, 6TH CROSS, HUBBALLI, DIST. DHARWAD. …PETITIONERS (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HUBBALLI TOWN POLICE STATION, R/BY STATE PUBLIC PROSECUTOR HIGH COURT BENCH DHARWAD-580010. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 483 OF BNSS, SEEKING TO THAT THE PETITION MAY BE ALLOWED AND THE PETITIONERS/ACCUSED NO.4 AND 6 MAY BE RELEASED ON REGULAR BAIL, IN HUBBALLI TOWN P.S. CRIME NO.31/2025, PENDING BEFORE THE I ST JMFC COURT HUBBALLI, FOR THE OFFENCES PUNISHABLE U/S 49, 109, 115(2), 118(1), 189(2), Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 191(2), 191(3), 351(2), 352 R/W SECTION 190 OF BNS.THE BAIL APPLICATION HAS FILED BY THE PETITIONERS/ACCUSED NO.4 AND 6 U/S 483 OF BNSS, IN CRL.MISC.NO.5191/2025 BEFORE THE V ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, HAS BEEN DISMISSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Iranaggouda K. Kabbur, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: Under these circumstances amount other grounds to be urged at the time of hearing it is most humbly prayed before this Hon’ble court that petition may be allowed and the Petitioners/Accused no.4 and 6 may be released on regular bail, in Hubballi Town P.S. Crime No.31/2025, pending before the 1st JMFC, Court, Hubballi for the offences punishable under section 49, 109, 115(2), 118(1), 189(2), 191(2), 191(3), 351(2), 352 R/W Section 190 of BNS, in the interest of justice. 3. Facts in brief which are utmost necessary for disposal of the revision petition are as under: - 3 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 3.1. Iqbal Sitaravale lodged a complaint with Hubballi Town Police Station on 12.03.2025 which was registered in Crime No.31/2025 for the offences punishable under Section 109, 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023. 3.2. Gist of the complaint averments would reveal that when injured was sitting on the platform near the Masjid after finishing the namaz, petitioners and others arrived at the spot and picked up the quarrel and tried to assault the injured. 3.3. At that juncture, injured tried to escape and went near the dhaba. Thereafter, again assault has taken place and the knife that was thrown to take away the life of the injured, was escaped by the injured by putting his leg in between and as such, he has suffered injury near the ankle. - 4 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 4. After registering the complaint, petitioners have been apprehended and they have been sent to judicial custody. 5. Accused Nos.4 and 6 are the petitioners who have approached this Court after their bail request was rejected by the learned Sessions Judge. 6. Injury sustained by the injured is not grievous in nature according to the prosecution case itself. 7. Taking note of these aspects of the matter, learned counsel for the petitioners sought for grant of bail. 8. Per contra, learned High Court Government Pleader opposes the bail grounds. 9. Having heard the parties in detail, this Court perused the material on record meticulously. 10. On such perusal of the material on record, motive for the incident is that the present injured has intervened and the accused party had tried to take away - 5 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 the life of the nephew of the present petitioner and therefore, they wanted to assault the injured. 11. Taking note of the fact that injured has sustained simple injury and also taking note of the fact that accused persons are in custody on and from 12.03.2025, this Court is of the considered opinion that petitioners are entitled to be enlarged on bail. 12. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 13. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioners are directed to be enlarged on bail on executing bond in a sum of Rs.50,000/- each with two sureties for the likesum to the satisfaction of the Trial Court of which one surety must be a cash surety. (iii) Petitioners shall attend the Court regularly. - 6 - NC: 2025:KHC-D:6979 CRL.P No. 101629 of 2025 (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. (vi) Petitioners shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE KAV CT:GSM List No.: 1 Sl No.: 36