- 1 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102957 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MAHALINGA S/O. HANAMANT NAGANUR, AGE. 22 YEARS, OCC. STUDENT, R/O. SANGANAHATTI VILLAGE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-598 560. … PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MAHALINGPUR POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER ON BAIL IN MAHALINGPUR POLICE STATION CRIME NO.37/2025, PENDING ON THE FILE SENIOR CIVIL JUDGE AND JMFC COURT, AT: BANNATTI FOR OFFENCES PUNISHABLE UNDER SECTIONS 118(1), 351(3), 352, 109, 103(1) R/W 3(5) OF BNS, 2023, TO MEET ENDS 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:10701 CRL.P No. 102957 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.37/2025 registered by Mahalingpur Police Station, for the offences punishable under Sections 118(1), 351(3), 352, 109, 103(1) r/w 3(5) of BNS, 2023, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.37/2025 was registered by Mahalingpur police station, District Bagalkot for the aforesaid offences against the petitioner Hanumantha Shankreppa Nagnur and two others. Petitioner who is the son of accused nos.1 and 3 is arraigned as accused no.2 in the FIR. During the course of investigation, petitioner was arrested on 10.06.2025 and subsequently, remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5122 - 3 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 of 2025 was rejected on 04.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a student pursuing his B.Sc. degree course, at Mudhol Taluk, Bagalkot district. He has no criminal antecedent. Only allegation against him is about assaulting the injured victim Gangappa. Allegation of assaulting the deceased is only as against accused No.1. Accused No.3 has been granted regular bail in Crl.P.No.102837/2025. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has oppose the petition. She submits that Gangappa has suffered 3 injuries as a result of assault made by the petitioner and all the said 3 injuries are grievous in nature. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that there is a civil dispute between the parties in - 4 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 respect of land bearing Survey No.7/4 and on the alleged date of incident, when the first informant and his relatives were near the land in dispute, accused persons who came there quarreled with the first informant and other persons who are present at the land in dispute had assaulted the deceased. It is not in dispute that accused persons who came to the spot were not armed with any weapons. After the parties had quarreled against each other, accused Nos.1 and 2 had picked up wooden clubs which were lying on the ground near the spot of crime and had assaulted the deceased and other injured victims in the present case. Allegation of assaulting the deceased Parappa Mallappa Naganur, with a wooden club, is only as against accused No.1, who is the father of the petitioner and husband of the accused No.3. Accused No.1 is arrested and he is said to be in judicial custody. Accused no.3 has been granted bail by this Court in Crl.P.No.102837/2025. Allegation against the petitioner is about assaulting the injured victim Rangappa Mallappa Naganur with a wooden - 5 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 club and as a result, injured victim Gangappa had suffered 3 injuries which are certified as grievous in nature. Gangappa, who was admitted in the hospital on 07.06.2025, has been discharged from the hospital on 11.06.2025 and his condition is said to be stable. Petitioner has produced materials before this Court to show that he is a student studying his B.Sc. degree course in S.C.P. Arts, Science and D.D.S. Commerce College at Mudhol taluk in Bgalkot District. Considering the aforesaid aspects of the case, the continued detention of the petitioner in custody amongst hardcore criminals in jail would have an adverse impact on his future career and prospects. 7. Considering the aforesaid aspects, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: - 6 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.37/2025 registered by Mahalingpur Police Station, for the offences punishable under Sections 118(1), 351(3), 352, 109, 103(1) r/w 3(5) of BNS, 2023, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. 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; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC-D:10701 CRL.P No. 102957 of 2025 d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 17