- 1 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 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. 102870 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHRI SANTOSH S/O. MALLAPPA KAMMAR, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: TALAVAYI VILLAGE, TQ: AND DIST: DHARWAD, PIN-580 112. 2. SHRI. UMESH S/O. FAKKIRAPPA KAMMAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: TALAVAYI VILLAGE, TQ: AND DIST: DHARWAD, PIN-580 112. … PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY DHARWAD RURAL P.S., STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN SC NO.61/2024 ARISING OUT OF DHARWAD RURAL PS CRIME NO.52/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 448, 307, 302 AND 504 R/W 149 AGAINST THEM, PENDING ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE AT DHARWAD, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.4 and 6 in S.C.No.61/2024 pending before the court of IV Additional District and Sessions Judge, Dharwad, arising out of Crime No.52/2024 registered by Dharwad Rural Police Station, Dharwad for the offences punishable under Sections 143, 147, 148, 323, 324, 448, 307, 302 and 504 R/W 149 of IPC, are 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.52/2024 was registered by Dharwad Rural Police Station, Dharwad for the aforesaid offences against Sachin Basappa Kammar and 13 others based on the first information dated 21.02.2024 received from Akshay Ahok Kammar, who is the injured eye witness - 3 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 of 2025 in the present case. During the course of investigation, petitioners were arrested on 22.02.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against 14 persons and petitioners are arraigned as accused Nos.4 and 6 in the charge sheet. Their bail application filed before the Jurisdictional Sessions Court was rejected. Therefore, they had approached this Court in Crl.P.No.102721/2024 which was dismissed by the Co- ordinate Bench of this Court by order dated 10.03.2025 with liberty to the petitioners to renew their application after examination of the injured witnesses and the eye witnesses are completed. Thereafter, petitioners had filed fresh bail application before the trial Court which was rejected on 02.07.2024. It is under these circumstances, they are before this Court in the successive bail petition. 2. Perusal of the material on record would go to show that there is a dispute between the two parties with regard to certain immovable property and it is in this - 4 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 of 2025 background the the incident in question had taken place on 21.02.2024, when the father of the first informant had questioned accused Nos.1 and 2 as to why they were measuring the property in dispute. Thereafter, accused Nos.3 to 6 had assaulted the deceased Ashok Kalappa Kammar and other injured victims with deadly weapons. CW1, CW16 and CW17 are the alleged injured eye witnesses in the present case. They have been examined before the trial Court as PW1, PW3 and PW4 respectively. CW18, CW20 and CW23 are the other eye witnesses to the incident in question who have been examined before the trial Court as PW5 to PW17 and PW12 respectively. 3. It is not in dispute that all the material charge sheet witnesses have been examined before the Trial Court in the present case. Petitioners are in custody for last more than one year. Since all the material charge witnesses are examined, there cannot be any apprehension that the petitioners may tamper with the material prosecution witnesses. Out of the 54 charge - 5 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 of 2025 sheet witnesses cited in the present case, till date only 12 charge sheet witnesses have been examined as PW1 to PW12. Therefore, the chances of trial being completed and case being disposed of on merits in the near soon is very remote. The petitioner who has no other criminal antecedents is in custody for last more than 17 months. 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 S.C.No.61/2024 pending before the IV Additional District and Sessions Judge, Dharwad, arising out of Crime No.52/2024 registered by Dharwad Rural Police Station, Dharwad for the offences punishable under Sections 143, 147, 148, 323, 324, 448, 307, 302 and 504 R/W 149, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:9340 CRL.P No. 102870 of 2025 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 his appearance for valid reasons; 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 him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 49