- 1 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101747 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: 1. AFTAB S/O. IMTIYAZ PATHAN, AGE: 22 YEARS, OCC: PRIVATE, R/O: MILLAT NAGAR, NEAR ABRAR MASJID, 6TH CROSS, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 2. MALLIK S/O. IMTIYAZ PATHAN, AGE: 28 YEARS, OCC: PRIVATE, R/O: MILLAT NAGAR, NEAR ABRAR MASJID, 6TH CROSS, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 3. FARDEEN KHAN @ SONU S/O. IMTIYAZ PATHAN, AGE: 28 YEARS, OCC: PRIVATE, R/O: MILLAT NAGAR, NEAR ABRAR MASJID, 6TH CROSS, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 4. MOHAMMED UJAIF S/O. MEHBOOBALI SOUDAGAR, AGE: 19 YEARS, OCC: PRIVATE, R/O: KULKARNI HAKKAL, 2ND CROSS, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD. …PETITIONERS (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBBALLI TOWN POLICE STATION, R/BY, STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD – 580 010. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 SEEKING THAT THE PETITION MAY BE ALLOWED AND THE PETITIONERS/ACCUSED NO. 1-3 AND 5 MAY BE RELEASED ON REGULAR BAIL, IN HUBBALLI TOWN PS CRIME NO. 31/2025, PENDING BEFORE LEARNED I JMFC COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 109, 115(2), 118(1), 189(2), 191(2), 191(3) 351(2), 352 R/W SEC. 190 OF BNS IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) for grant of regular bail as the petitioners are in judicial custody i.e., from 12.03.2025. 2. Facts in brief which are necessary for disposal of this petition are as under: 2.1 Iqbal Sitaravale lodged a complaint with Hubballi Town Police Station on 12.03.2025 which was registered in Crime No.31/2025 for the offences punishable under Section 109, 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023. 2.2 Gist of the complaint averments is that when injured was sitting on the platform near the Masjid after finishing namaz, petitioners and others arrived at the spot and picked up the quarrel and tried to assault the injured. - 4 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 2.3 At that juncture, injured tried to escape and went near dhaba. Thereafter, knife that was thrown to take away the life of the injured, which he escaped by putting his leg in between and as such, he suffered injury near the ankle. 3. After registering the complaint, petitioners have been apprehended and they have been sent to judicial custody. 4. It is submitted by the learned counsel for petitioners that accused Nos.4 and 6 have been granted bail by the Coordinate Bench of this Court by order dated 28.04.2025 in Crl.P.No.101629/2025. Hence, on the ground of parity, these petitioners also be enlarged on bail. 5. It is observed by this Court in Crl.P. No.101629/2025 that injured has sustained simple injuries. Petitioners are in judicial custody since from the - 5 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 date of their arrest i.e., 12.03.2025 and they are not required for further investigation. 6. Taking into consideration the nature and gravity of the offences, the order passed by the Coordinate Bench of this Court in Crl.P.No.101629/2025 disposed of on 28.04.2025 and on the principle of parity, it is just and proper to release the petitioners on bail. 7. Hence, I proceed to pass the following: ORDER The Criminal Petition filed by the petitioner/accused No.1 under Section Sections 483 of BNSS is hereby allowed. The petitioners shall be released on bail in Crime No.31/2025 of Hubballi Town Police Station subject to following conditions: (i) Petitioners are directed to be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- each with two sureties for the - 6 - NC: 2025:KHC-D:7173 CRL.P No. 101747 of 2025 likesum to the satisfaction of the Trial Court of which one surety must be a cash surety. (ii) Petitioners shall attend the Court regularly. (iii) Petitioners shall not tamper the prosecution witnesses in any manner. (iv) Petitioners shall mark their attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (v) Petitioners shall not leave the jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (G BASAVARAJA) JUDGE NAA List No.: 1 Sl No.: 38