- 1 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103077 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SACHIN S/O. BASAPPA KAMMAR, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. TALAVAYI VILLAGE, TQ. AND DIST. DHARWAD, PIN-580 112. 2. RAJU @ IRANNA S/O. FAKKIRAPPA KAMMAR, AGE. 36 YEARS, OCC. KSRTC DRIVER, R/O. TALAVAYI VILLAGE, TQ. AND DIST. DHARWAD, PIN-580 112. 3. CHANDRASHEKHAR S/O. FAKKIRAPPA KAMMAR, AGE. 35 YEARS, OCC. LABOURER, R/O. TALAVAYI VILLAGE, TQ. AND DIST. DHARWAD, PIN-580 112. & PETITIONERS (BY SRI. PATIL TIPPANAGOUDA REVANAGOUDA, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY DHARWAD RURAL P.S., STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN-580 011. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS SEEKING TO RELEASE THEM ON BAIL IN S.C. NO.61/2024 ARISING OUT OF DHARWAD RURAL PS CRIME NO.52/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 448, 307, 302 AND 504 READ WITH 149 AGAINST THEM, PENDING ON THE FILE OF THE IV ADDL. DIST AND SESSIONS JUDGE AT: DHARWAD, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1, 3 and 5 in S.C. No.61 of 2024 pending before the Court of IV Additional District and Sessions Judge, Dharwad arising out of Crime No.52/2024 registered by Dharwad Rural Police Station, Dharwad District for offences punishable under Sections 143, 147, 148, 323, 324, 448, 307, 302 and 504 read with Section 149 of IPC, are before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that allegation against accused Nos.1 and 3 to 6 are similar in the charge sheet. Accused Nos.4 and 6 have been granted regular bail by this Court in Criminal Petition No.102870/2025. Petitioners herein do not have any criminal antecedent. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 4. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioners. 5. Perusal of the matter on record would go to show that accused Nos.1 and 3 to 6 had earlier approached this Court in Criminal Petition No.102721/2024, which was dismissed by the Co-ordinate Bench of this Court on 10.03.2025, reserving liberty to the petitioners in the said petition to move a fresh bail application after the evidence of the injured witnesses and eyewitnesses is completed before the Trial Court. After the injured witnesses and the eyewitnesses were examined before the Trial Court, fresh bail application was filed by the petitioners herein and accused Nos.4 and 6 before the Trial Court which was rejected on 02.07.2025. Thereafter, accused Nos.4 and 6 had approached this Court in Criminal Petition No.102870/2025, which was allowed by this Court on 29.07.2025. In paragraph Nos.2 and 3 of the order passed in Criminal Petition No.102870/2025 it is observed as follows: <2. Perusal of the material on record would go to show that there is a dispute between the two parties with regard to certain immovable property - 4 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 and it is in this background the the incident in question had taken place on 21.02.2024, when the father of the first informant had questioned accused Nos.1 and 2 as to why they were measuring the property in dispute. Thereafter, accused Nos.3 to 6 had assaulted the deceased Ashok Kalappa Kammar and other injured victims with deadly weapons. CW1, CW16 and CW17 are the alleged injured eye witnesses in the present case. They have been examined before the trial Court as PW1, PW3 and PW4 respectively. CW18, CW20 and CW23 are the other eye witnesses to the incident in question who have been examined before the trial Court as PW5 to PW17 and PW12 respectively. 3. It is not in dispute that all the material charge sheet witnesses have been examined before the Trial Court in the present case. Petitioners are in custody for last more than one year. Since all the material charge witnesses are examined, there cannot be any apprehension that the petitioners may tamper with the material prosecution witnesses. Out of the 54 charge sheet witnesses cited in the present case, till date only 12 charge sheet witnesses have been examined as PW1 to PW12. Therefore, the chances of trial being completed and case being disposed of on merits in the near soon is very remote. The petitioner who has no other criminal - 5 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 antecedents is in custody for last more than 17 months. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of bail needs to be answered affirmatively.= 6. Undisputedly the petitioners herein do not have criminal antecedent. Allegation against the petitioners and accused Nos.4 and 6 who have been granted regular bail by this Court in Criminal Petition No.102870/2025 is similar. Under the circumstances, I am of the opinion that on the ground of parity, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.61 of 2024 pending before the Court of iv Additional District and Sessions Judge, Dharwad arising out of Crime No.52/2024 registered by Dharwad Rural Police Station, Dharwad District for offences punishable under Sections 143, 147, 148, 323, 324, 448, 307, 302 and 504 read with Section 149 of IPC, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:10437 CRL.P No. 103077 of 2025 i. The petitioner 3 accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 34