- 1 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104355 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. SHRI SAGAR S/O. SAKREPPA PATIL, AGE. 29 YEARS, OCC. BUSINESS, R/O. HOOLIKATTI, TQ. AND DIST. BELAGAVI-591126. &PETITIONER (BY SRI. RAMESH S.GUDODAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY SAUDATTI P.S. BELAGAVI, REP. BY HDGP HIGH COURT OF KARNATAKA, DHARWAD-580011. &RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING THAT THE PETITIONER/ACCUSED NO.2 ENLARGED ON BAIL IN SAUDATTI P.S. CRIME NO.244/2025 OFFENSE PUNISHABLE UNDER SECTIONS 125(A), 110 OF BNS IN THE PENDING ON THE FILE OF THE PRL. CIVIL JMFC COURT SAUDATTI, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.244/2025 of respondent/Police for the offence under Sections 125(A), 110 and 61(2) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case: 2. The case of the prosecution is that, the Head Master of the Government Primary School, Janata Colony, Hoolikatti, Taluk-Saundatti lodges a complaint that the School is having one water tank. Everyday Teachers and students were drinking the water from the said water tank. On 14.07.2025 around about 10:00 AM, when he came to School, some students have complained that water is having bad smell. Even the cook also told the same to the Head Master. The complainant went near the tank and find out the reason for the smell. According to him, some 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 unknown persons have poisoned the water. In the meantime, some students had already consumed the water. Immediately, they were rushed to the Hospital for treatment and thereafter, a complaint came to be registered against the unknown persons. The respondent/Police after registering the case, conducted investigation. During investigation they came to know that the petitioner being accused No.2 and others had committed the offence stated supra. Therefore, the charge-sheet has been filed against the accused. 3. Heard Sri.Ramesh S.Gudodagi, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 4. It is the submission of the learned counsel for the petitioner that, the averments of the charge-sheet would indicate that the present petitioner is the king pin/ master mind behind mixing the poison to the water. However, the entire episode has been developed at the instance of the - 4 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 statement of the petitioner himself. Such statement is not admissible. More over, based on the said statement, no recovery has been effected to demonstrate that poison has mixed with water. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. The said conditions would take care of the apprehension of the prosecution. 5. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that mixing the poison in a drinking water is certainly a heinous act. Some of the students were hospitalized after drinking the water. The manner in which the petitioner hatched a plan would indicate the mindset of the petitioner in bringing the enmity between the communities. Therefore, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint and also the charge-sheet, it appears from the - 5 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 record that mixing the poison in the water allegedly done by Akhil Ningappa Meti at the instance of Krishnappa Madar under the instruction of the present petitioner. However, the entire case is based on the circumstantial evidence. The person who is stated to have mixed the poison has not been cited as a witness or accused. Therefore, it is appropriate to consider the said application. 7. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.244/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 6 - HC-KAR NC: 2025:KHC-D:16190 CRL.P No. 104355 of 2025 (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 25