- 1 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102313 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. HUSAINSAB @ KAIF S/O. ALLABAKSH MANCHINKOPPA, AGE: 20 YEARS, OCC: HOTEL WORK, R/O. SADAR SOFA, BULDOZER NAGAR, NEAR CURRENT POLE, OLD HUBBALLI, HUBBALLI-580024, TQ. HUBBALLI, DIST. DHARWAD. 2. MAHAMDHANIF S/O. ANWARSAB MAGAMI, AGE: 29 YEARS, OCCU: HOTEL WORK, R/O. PATTANGALI, OLD HUBBALLI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024. 3. AHMED S/O. HAJARESAB SAVANUR, AGE: 55 YEARS, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 OCCU: FLOWER BUSINESS, R/O. ISLAMPUR, 1ST CROSS, NEAR MASJID, OLD HUBBALLI, HUBBALLI-580024, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONERS (BY SMT. KAVITA S. JADHAV, ADV. FOR SRI. ARUN L. NEELOPANT, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY THE P. S. I., OLD HUBBALLI POLICE STATION, HUBBALLI, THROUGH ADDL PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN CONNECTION WITH SESSIONS CASE NO.5038/2025 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, SECTIONS 103(1), 61(2), 109, 118(2), 126(2), 189(2), 191(2), 191(3), 352, 351(2), 351(3) R/W.109 OF BNS, PENDING TRIAL OF THE SAID CASE, WHO IS IN JUDICIAL CUSTODY IN THE ABOVE SAID CASE AND ETC. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Smt.Kavita S. Jadhav, learned counsel for Sri.Arun L.Neelopant, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for the respondent – State. 2. The petitioners/accused Nos.8, 9 and 10 have filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crl.Misc.No.5233/2025, pending on the file of learned I Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi P.S. Crime No.300/2024 for the offences punishable under Sections 103, 61(2), 109, 115(2), 126(2),351(2), 351(3), 352 R/w Section 109 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; - 4 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 On 30.12.2024 at about 07:35 p.m., near Ghodake plot, Mother Theresa School, accused Nos.1 to 3 took quarrel with the complainant’s son by name Sameer Shaik in respect of the incident which had taken place on 29.12.2024 and hence, they abused him in filthy language and intentionally insulted him and with an intention of causing death of Sameer Shaik, accused No.1 stabbed him by knife over his abdomen and accused No.2-Rabbani Halemani and accused No.3-Iqbal Halemani with an intention of causing death of complainant’s brother by name Javeed, stabbed him over his right forearm and caused severe injuries and other accused persons with an intention to cause death, assaulted Sameer and Javeed with hands and legs; threatened the Sameer and Javeed with dire consequence. Hence, both, the Sameer and Javeed were taken to KIMS hospital, Hubballi for treatment and on 01.01.2025 at 09:30 a.m., the injured Sameer succumbed to the injuries in the hospital. Hence, a complaint has been lodged for the aforesaid offences. 4. During the course of investigation, these petitioners were arrested and they were remanded to judicial - 5 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 custody. After completion of investigation, charge-sheet has been filed against accused Nos.1 to 11 for the aforesaid offences. 5. Learned counsel for the petitioners contended that the petitioners are innocent, they have been falsely implicated in this case, there is no overt act alleged against them and nothing is recovered from these petitioners; the only allegation against accused Nos.8 to 10 is that they are the friends of accused Nos.1 and 2. The petitioners are ready to abide by the conditions to be imposed by this Court. With these grounds, he prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioners are involved in the offences punishable under Sections 103(1) of BNS, 2023 (Section 302 of IPC), there is a prima facie case against them and if they are released on bail, they may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of - 6 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 offences, the petitioners are not entitled for bail. Hence, prayed for rejection of petition. 7. Perused the material available on record. 8. The Investigating Officer after completion of investigation has filed the charge-sheet against accused Nos.1 to 11. On perusal of Column No.17 of the charge- sheet, the Investigating Officer opined that on 30.12.2024, accused Nos.1 to 11 were made criminal conspiracy to commit the murder of Sameer. Hence, accused Nos.1 to 3 took quarrel with Sameer and they stabbed with knife on his abdomen. As per the post mortem report, it revealed that there were two stab injuries found on the dead body of Sameer. As per the charge-sheet material, the allegation against these petitioners is that they are involved in a criminal conspiracy to murder the Sameer. 9. At this juncture, prima facie from perusal of the entire prosecution papers, there are no materials against accused Nos.8 to 10 to attract Section 103(1) of BNS, 2023 - 7 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 (Section 302 of IPC). The prima facie allegation is against accused Nos.1 to 3. 10. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from the justice if released on bail, character and antecedents of the petitioners tampering of the prosecution witnesses and the fact accused Nos.4, 5, 6, 7 and 11 are already enlarged on bail and allegations made against accused Nos.4 to 7 and 11 and these petitioners are one and the same and on the ground of parity also the petitioners are entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioners (accused Nos.8, 9 and 10) are ordered to be enlarged on bail in Crl.Misc.5233/2025 (Crime - 8 - HC-KAR NC: 2025:KHC-D:8687 CRL.P No. 102313 of 2025 No.300/2024 of Old Hubballi Police Station), pending on the file of the I Additional District and Sessions Judge, Dharwad sitting at Hubballi, on they executing personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioners shall not tamper the prosecution witnesses and shall not threaten the witnesses; ii) The petitioners shall appear before the Court regularly without fail; iii) The petitioners shall not involve themselves in similar offences. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 17