- 1 - HC-KAR NC: 2025:KHC-D:13270 CRL.P No. 103920 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103920 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: HAZARAT ALI S/O NABISAB HANABARATTI, AGE. 48 YEARS, OCC. GOVT. SCHOOL P.E. TEACHER, R/O. MUKAMBIKA NAGAR, DHARWAD-580 001. … PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBLI TOWN P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH HUBBALLI TOWN POLICE HAVE REGISTERED THE CASE IN CRIME NO.104/2025, PENDING ON THE FILE OF JMFC I COURT HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 116(G), 117(2), 118(2), 109 R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA 2023. 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:13270 CRL.P No. 103920 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Crime No.104/2025 registered by Hubli Town P.S. for the offences punishable under Sections 116(g), 117(2), 118(2), 109 R/W Section 3(5) of Bharatiya Nyaya Sanhita 2023, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.104/2025 registered by Hubli Town P.S. for the aforesaid offences against the petitioner and others based on the first information dated 11.08.2025. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.5491/2025 before the jurisdictional Sessions Court which was rejected on 12.09.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner is a teacher in a government school. - 3 - HC-KAR NC: 2025:KHC-D:13270 CRL.P No. 103920 of 2025 Private complaint was filed by Smt. Akshata, mother of Yashvant, who is said to be a student studying in the school in which the accused are teachers, alleging that on 18.02.2025, Yashwant was assaulted in the school by the teachers and as a result, he had suffered grievous injury and also had lost his teeth. In respect of the alleged incident that had taken place on 18.02.2025, private complaint was belatedly filed on 25.06.2025 and after the Jurisdictional Magistrate had referred the complaint to the police, FIR in Crime No.104 of 2025 was registered against the petitioner and other accused, who are all teachers working in the government school. Petitioner has undertaken to cooperate with the police for investigation. He has no criminal antecedent. 5. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be allowed. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC-D:13270 CRL.P No. 103920 of 2025 ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.104/2025 registered by Hubli Town P.S. for the offences punishable under Sections 116(g), 117(2), 118(2), 109 R/W Section 3(5) of Bharatiya Nyaya Sanhita 2023, subject to the following conditions: i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR NC: 2025:KHC-D:13270 CRL.P No. 103920 of 2025 iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 34