- 1 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102355 OF 2025 (439 OF Cr.PC/483 OF BNSS) C/W CRIMINAL PETITION NO.102326 OF 2025 CRIMINAL PETITION NO.102331 OF 2025 CRIMINAL PETITION NO.102358 OF 2025 IN CRL.P. NO.102355 OF 2025 BETWEEN: SHANU LALASAB PALED @ SHANU, AGE: 28 YEARS, OCC: COOLIE, R/AT. ARALIKATTI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-582209. …PETITIONER (BY SRI. HIRANKUMAR PATEL, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBLI RURAL POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGED THE ACCUSED NO.3/PETITIONER ON REGULAR BAIL IN S.C.NO.5006/2025 (CRIME NO.231/2024 OF HUBLI RURAL Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 PS) PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 103, 115(2), 126(2), 352, 3(5) OF BNSS, 2023, IN THE INTEREST OF JUSTICE. IN CRL.P.NO.102326 OF 2025 BETWEEN: HUSSAIN S/O. IBRAHIMSAB PATHAN, AGE: 28 YEARS, OCC: COOLIE, R/O. ARALIKATTI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. ABHINANDAN M. GUNDAWADE, ADVOCATE) AND: STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD, THROUGH RURAL P.S. HUBBALLI. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN S.C.NO.5006/2025, ARISING OUT OF HUBBALLI RURAL P.S.CR.NO.231/2024, FOR THE ALLEGED OFFENCES UNDER SECTION 103, 115(2), 126(2), 352, 3(5) OF BNS AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 IN CRL.P.NO.102331 OF 2025 BETWEEN: KUTBUDDIN S/O. HAJARESAB MULLANAVAR, AGE: 26 YEARS, OCC: COOLIE, R/O. DAYMAVVANAGUDI STREET, BHANDIWAD, DIST. DHARWAD, AADHAR NO. (6994 6099 9812), RESIDENT ADDRESS SHOWN IN THE CHARGE SHEET AS R/O. B. ARALIKATTI VILLAGE, TQ. HUBBALLI-581109. …PETITIONER (BY SRI. K. M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HUBBALLI RURAL POLICE STATION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ORDER THE RELEASE OF THE PETITIONER/ACCUSED NO.2 ON BAIL IN S.C. NO.5006/2025 PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 103, 115(2), 352, 126(2), 3(5) OF BHARATIYA NYAYA SANHITA 2023, ARISING OUT OF HUBBALLI RURAL P.S. CRIME NO.231/2024 EARLIER REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(1), 126(2), 352 AND 3(5) OF BHARATIYA NYAYA SANHITA, 2023, IN THE INTEREST OF JUSTICE. - 4 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 IN CRL.P.NO.102358 OF 2025 BETWEEN: JAFFAR @ MAHAMADJAFFAR HUSSAINSAB MALANGANAVAR, AGE: 27 YEARS, OCC: COOLIE, R/AT: ARALIKATTI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-582209. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBLI RURAL POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C.NO.5006/2025 PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103, 115(2), 126(2), 352, 3(5) OF BHARATIYA NYAYA SANHITA 2023, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR FURTHER HEARING THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Hirankumar Patel, Abhinandan M.G, K.M.Shiralli, Mot Gourishankar Harishchandra, learned counsel for the petitioners, and Shri Abhishek Malipatil, learned High Court Government Pleader for respondent – State in all the cases. 2. Since all the criminal petitions arise out of Crime No.231/2024 of Hubballi Rural Police Station, a common order is being passed. 3. The Criminal Petition No.102358/2025 is filed by petitioner-accused No.1, Criminal Petition No.102331/2025 is filed by petitioner-accused No.2, Criminal Petition No.102355/2025 is filed by petitioner- accused No.3 and Criminal Petition No.102326/2025 is filed by petitioner-accused No.4 under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in S.C.No.5006/2025, on the - 6 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 file of learned I Additional District and Sessions Judge Dharwad, sitting at Hubballi in connection with Hubballi Rural Police Station Crime No.231/2024, for the offences punishable under Sections 103, 115(2), 126(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 4. Brief facts of the prosecution case is as under; On 07.09.2024 around 06:20 p.m, accused No.2 telephoned the first informant stating that accused No.1 and deceased Fakruddin Mullanavar had a fight and were being taken to KIMS hospital, Hubballi for treatment. Immediately, the first informant rushed to the hospital, where the injured deceased was in the Hospital. Upon enquiry, the deceased Fakruddin Mullanavar is said to have stated that, while he and CW.16 were standing near Varoor under bridge, accused Nos.1 to 4 came in two motorcycles and all of a sudden, accused No.1 assaulted him with a talwar questioning whether accused No.1 had illicit relationship with wife of the deceased. Accused Nos.2 - 7 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 to 4 had also assaulted the deceased with hands and the injured Fakruddin ran away from the spot. Thus, a complaint was lodged, which led to registration of the FIR and initiation of investigation. 5. During the course of investigation, the petitioners-accused Nos.1 to 4, were arrested and in turn, remanded to judicial custody. On 29.09.2024 at 12:35 noon, the injured Fakruddin Mullanavar succumbed to the injuries at KIMS hospital, Hubballi. However, the Investigating Officer has not recorded the statement of injured-Fakruddin, till his death. 6. Learned counsel for the petitioners vehemently contended that the petitioners are innocent, they have been falsely implicated in the case; there is no overt-act alleged against them and nothing has recovered from these petitioners and there is a case and counter case between the parties. The deceased Fakruddin was the aggressor, he first assaulted accused No.1 with talwar. Hence, accused No.1 sustained injuries on his hand and - 8 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 accused Nos.2 to 4 came to rescue accused No.1. Soon after the incident, the Investigating Officer has not recorded the statement of injured Fakruddin. Now the investigation is completed and Investigating Officer has filed the charge-sheet. The petitioners are ready to abide by the condition to be imposed by this Court. With these grounds, he prayed for allowing the petitions. 7. Per contra, learned High Court Government Pleader contended that the petitioners are involved in the offence under Section 302 of IPC/103(2) of BNS, 2023; there is prima-facie case against them. CWs.1, 14 to 16 are an eyewitnesses to the incident and have clearly stated the individual overtact of each of the accused persons. If the petitioners are released on bail, they may tamper with the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioners are not entitled for bail. Hence, prayed for rejection of the petitions. 8. Perused the material available on record. - 9 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 9. Upon perusal of the charge-sheet material, it clearly discloses that there is a counter case registered on the basis of the first information given by accused No.3- S/o Lalasab Paled in Crime No.232/2024 for the offences punishable under Sections 352, 351(2), 109 read with Section 3(5) of BNS, 2023. The prosecution materials further make out that accused Nos.1 to 3 assaulted with Talwar and clubs respectively and accused No.4 assaulted with hands, legs on the deceased. Admittedly, the Investigating Officer has not recovered any incriminating articles from the petitioners. However, such articles were found at the scene of occurrence. As per the voluntary statement made by accused No.1, it is indicated that the deceased Fakruddin was first attacked on accused No.1. Prima-facie it appears that the deceased Fakruddin was an aggressor. The charge-sheet materials further reveals that accused No.1 had sustained injuries on his hand. 10. In this case, the Investigating Officer has not recorded the statements of injured Fakruddin soon after - 10 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 the incident i.e., from 07.09.2024 till 29.04.2024 and the reasons for non recording statement of deceased is not forthcoming on record. Upon perusal of the statements of the alleged eyewitnesses, namely CWs 14, 15, and 16, it is noted that they are also cited as eyewitnesses in the counter case registered in Crime No. 232/2024. However, in both the charge-sheets, they have given a different version with regard to role played by accused No.4 and the deceased. 11. From bare perusal of the statements of CWs.14 to 16, they appear to be not an eyewitnesses and they are hearsay witnesses. On perusal of the entire prosecution papers, though there is material to attract Section 302 of IPC/103(2) of BNS, 2023, however, there is a case and counter case between the parties, and the deceased was an aggressor and hence, accused No.1 sustained severe injuries on his hand and the fact that after 22 days of the incident, the injured Fakruddin succumbed to the injuries. - 11 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 12. Thus, having regard to the facts and circumstances of the case, looking to the nature of allegations made against these petitioners, gravity of the offences and nature of injuries sustained by the deceased Fakruddin as well as accused No.1 and the fact that these petitioners are in judicial custody for more than 10 months of the incident, they are entitled for grant of bail by imposing conditions. Accordingly, this Court proceed to pass the following: ORDER The criminal petitioners filed under Section 483 of BNSS, 2023 are hereby allowed. The petitioners - accused Nos.1 to 4 are ordered to be enlarged on bail in S.C.No.5006/2025, pending on the file of learned I Additional District and Sessions Judge Dharwad, sitting at Hubballi in connection with Hubballi Rural Police Station Crime No.231/2024, on they executing personal bond in a sum of Rs.2,00,000/- each with two - 12 - HC-KAR NC: 2025:KHC-D:8773 CRL.P No. 102355 of 2025 C/W CRL.P No. 102326 of 2025 CRL.P No. 102331 of 2025 AND CRL.P.No.102358 of 2025 sureties for the like sum to the satisfaction of trial Court, subject to the following conditions; (i) The petitioners – accused Nos.1 to 4 shall not tamper the prosecution witnesses and shall not threaten the complainant. (ii) The petitioners – accused Nos.1 to 4 shall appear before the Trial Court regularly without fail. (iii) The petitioners shall not involve themselves in similar or any other offences. NOTE:-The above observation is only for the purpose of disposal of these criminal petitions. Sd/- (VENKATESH NAIK T) JUDGE AM/EM CT-AN List No.: 1 Sl No.: 32