- 1 - HC-KAR NC: 2025:KHC-D:10436 CRL.P No. 103012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103012 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RABBANI S/O NOUSHAD HALEMANI, AGE. 28 YEARS, OCC. TILES WORK, R/O. ANAND NAGAR, GHOGATE PLOT, OLD HUBBALLI, HUBBALLI. … PETITIONER (BY SRI. K.M. SHIRALLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH OLD HUBBALLI POLICE STATION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD … RESPONDENT (BY SMT. KIRTILATA PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ORDER TO RELEASE PETITIONER ON BAIL IN S.C. NO.5038/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 61(2), 109, 118(2), 126(2), 189(2), 191(3), 191(2), 352, 351(2), 351(3) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE DHARWAD, SITTING AT HUBBALLI ARISING OUT OF OLD HUBLI P.S. CRIME NO.300/2024, 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:10436 CRL.P No. 103012 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in S.C. No.5038/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.300/2024 registered by Old Hubballi Police Station, Hubballi Dharwad for offences punishable under Sections 109, 115(2), 126(2), 351(2), 351(3), 352, 190 of Bharatiya Nyaya Sanhita, 2023 is 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.300/2024 was registered by Old Hubballi Police Station, Hubballi Dharwad initially for offences punishable under Sections 109, 115(2), 126(2), 351(2), 351(3), 352, 190 of Bharatiya Nyaya Sanhita, 2023 against Mujamil Magami and 14 others, based on the first information dated 31.12.2024 submitted by Jeelani Babajan Shaikh, who is the father of deceased Sameer Jeelani Shaikh. Injured Sameer Jeelani Shaikh who was admitted to the hospital, had subsequently died on 01.01.2025. Thereafter, offence - 3 - HC-KAR NC: 2025:KHC-D:10436 CRL.P No. 103012 of 2025 punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 was invoked. Petitioner, who is arraigned as accused No.2 in the FIR was arrested on 01.01.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against 11 persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi in S.C. No.5038/2025 was rejected on 19.07.2025. Therefore, he is before this Court. 4. First information was submitted by father of the deceased on 31.12.2024 alleging that on 30.12.2024 at about 07:35 p.m., his son Sameer Jeelani Shaikh was assaulted by accused No.1 and others named in the FIR, causing grievous injuries. Injured, who was admitted in the hospital, subsequently died on 01.01.2025. Thereafter, offence punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 was invoked in the present case. After completing investigation, charge sheet has been filed in the present case against 11 persons. In the charge sheet, it is alleged that on - 4 - HC-KAR NC: 2025:KHC-D:10436 CRL.P No. 103012 of 2025 29.12.2024 there was a fight between the children of the accused person and the children of the first informant and others. It is in this background, on 30.12.2024 at about 07:35 p.m., the incident in question that had taken place on 30.12.2024. Allegation of assaulting deceased Sameer Jeelani Shaikh with a knife is only as against accused No.1. CW9 – Javed, uncle of Sameer Jeelani Shaikh tried to intervene when accused No.1 was assaulting Sameer Jeelani Shaikh. At that time, accused No.2 allegedly assaulted CW9 with the knife which was in the hand of accused No.1 and caused injuries to him. There is no allegation as against accused No.2 about he assaulting deceased Sameer Jeelani Shaikh and only allegation against him is that he had assaulted CW9 when he tried to intervene. 5. CW9 was admitted in the hospital on 30.12.2024 and was discharged from the hospital on 05.01.2025 and his wound certificate would go to show that he had suffered one stab injury on his right upper arm which is certified as a grievous injury. The said injury corresponds to the alleged assault made by accused No.2. The condition of CW9, who is - 5 - HC-KAR NC: 2025:KHC-D:10436 CRL.P No. 103012 of 2025 discharged from the hospital is said to be stable. Even otherwise, the injury caused to CW9 is not on the vital part of his body. Undisputedly, petitioner has no criminal antecedent. He is in custody for the last more than eight months. Investigation of the case is completed and charge sheet is filed. Under the circumstances, I am of the opinion that the prayer for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5038/2025 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi arising out of Crime No.300/2024 registered by Old Hubballi Police Station, Hubballi Dharwad for offences punishable under Sections 109, 115(2), 126(2), 351(2), 351(3), 352, 190 of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC-D:10436 CRL.P No. 103012 of 2025 i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner 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 petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioner shall not involve in similar offences in future; v. The petitioner 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 RSH List No.: 1 Sl No.: 32