- 1 - HC-KAR NC: 2025:KHC-D:9322 CRL.P No. 102828 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102828 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. ALWIN S/O. AMRUT ANTHONY, AGE: 21 YEARS, OCC: PRIVATE SERVICE, R/O: RAMNAGAR, 4TH CROSS, SIDDHARTH COLONY, GADAG ROAD, HUBBALLI, PIN-580 023. 2. ARYAN S/O. ANTHONY FRANCIS, AGE: 29 YEARS, OCC: PRIVATE SERVICE, R/O: RAMANGAR, 4TH CROSS, SIDDHARTH COLONY, GADAG ROAD, HUBBALLI, PIN-580 023. … PETITIONERS (BY SRI. D.L. LADKHAN, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, KESHWAPUR POLICE STATION, HUBBALLI. … 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 GRANT OF REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.1 AND 2 PENDING IN KESHWAPUR P.S. HUBLI, CRIME NO.80/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 115(2), 118(1), 352, 351(2), 109(1), 3(5) OF BNS 2023 ON THE FILE OF THE J.M.F.C. II COURT, HUBBALLI, AT: HUBBALLI, 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:9322 CRL.P No. 102828 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Crime No.80/2025 registered by Keshwapur Police Station, Hubballi Dharwad District for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 are before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.80/2025 was registered by the Keshwapur Police Station, Hubballi Dharwad District for the aforesaid offences against the petitioners and others based on the first information dated 22.05.2025 submitted by Krishna S/o. Sanju Ballari, who is the alleged injured victim in the present case. During the course of investigation, petitioners herein were arrested. Subsequently they were remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Criminal Miscellaneous No.5385/2025 was rejected on 30.06.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9322 CRL.P No. 102828 of 2025 4. Perusal of the material on record would go to show that accused and the first informant are acquainted to each other. On the intervening night of 21.05.2025 and 22.05.2025, the first informant had gone out for walking. At about 12:05 hours, he saw accused No.1 quarrelling with one Sai and therefore, he tried to interfere. At that time, accused No.1 allegedly summoned the other accused and thereafter all the accused persons quarrelled with the first informant and assaulted him with the iron stick and also with a punch which they were holding in their hand. In the first information itself, the first informant had stated that he had taken treatment for the injury suffered by him and thereafter had approached the Police Station personally on 22.05.2025 at about 13:30 hours. Therefore, it is apparent that the injured victim was not admitted in the hospital and after he got treated in the hospital for his injuries, he had personally approached the Police. Undisputedly petitioners have no criminal antecedents. From the material on record it appears that the injured victim has suffered only simple injury in the incident in question. Major portion of the investigation is completed. Petitioners are in custody since 11.06.2025. - 4 - HC-KAR NC: 2025:KHC-D:9322 CRL.P No. 102828 of 2025 5. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal petition is allowed. Petitioners are directed to be enlarged on bail in Crime No.80/2025 registered by Keshwapur Police Station, Hubballi Dharwad for offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC-D:9322 CRL.P No. 102828 of 2025 iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future. v. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh/CT:BCK LIST NO.: 1 SL NO.: 40