- 1 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102255 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: KHAWAJAMOHINUDDIN @ FAIYAZ S/O. MAHAMMADHANIF BIJAPUR, AGE: 28 YEARS, OCC: BUSINESS, R/O. INDRA NAGAR, TQ. MUNDGOD-581340, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. M. L. VANTI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ITS PSI, MUNDGOD POLICE STATION, UTTARA KANNADA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.6 ON BAIL IN MUNDGOD POLICE STATION CRIME NO.4/2025, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JNR.DVN) AND JMFC COURT, MUNDGOD REGISTERED FOR THE OFFENCE PUNISHABLE U/S.140(2), 140(3), 61(2), 109(1), 310(2), 351(2) OF BNS 2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.M.L.Vanti, learned counsel for the petitioner and the Smt.Kirtilata Patil, learned High Court Government Pleader for the respondent–State. 2. The petitioner-accused No.6 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crime No.4/2025 (SC No.5034/2025 pending on the file of I Addl. District and Session Judge, Karwar sitting at Sirsi Uttara Kannada) of Mundgod Police, for the offences punishable under Section 140(2), 140(3), 61(2), 109(1), 310(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; On 09.01.2025, PSI Mundgod Police station has registered the FIR against unknown persons based on the - 3 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 complaint of one Mehaboobsab Mahammedali Nadikatti, whereby, he stated that on the same day, around 6 p.m. he was proceeding on his scooter bearing No.KA-31/EE- 7668 along with his friend Zameer Ahmed. At that time, one white colored car dashed the scooter, due to which, the complainant and his friend fell down and they saw 4 persons aged about 25-30 years holding knifes in their hands. They tried to attack his friend Zameer Ahamed and when the complainant tried to rescue his friend, they warned the complainant. Hence, he ran away from the spot, by standing away, at a distance, he saw those four persons taking his friend into the car by holding his neck. Therefore, the complainant lodged a complaint, which led to the registration of FIR and investigation. During the course of investigation, this petitioner was arrested and in turn he was remanded to the judicial custody. 4. Learned counsel for the petitioner contended that the petitioner is innocent, he has not committed any offences and he has been falsely implicated in this case. - 4 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 Accused Nos.1 to 5 and 7 to 10 are already been released on bail. Hence, on the ground of parity, the present petitioner is also entitled for grant of bail. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader did not dispute that accused Nos.1 to 5 and 7 to 12 are already enlarged on bail and further contended that if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 6. Perused the material available on record. It appears that now investigation is completed. Investigation officer has filed the charge sheet. The Co-ordinate Bench of this Court has granted bail in favour accused Nos.7 to 12 and learned District Judge has also granted bail insofar as accused Nos.1 to 5 are concerned. Considering the fact - 5 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 that petitioner is not required for further investigation and considering the nature and gravity of offence and the fact that other accused are already released on bail, on the ground of parity, present petitioner is also 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 petitioner-accused No.6 is ordered to be enlarged on bail in Crime No.4/2025 (SC No.5034/2025 pending on the file of I Addl. District and Session Judge, Karwar sitting at Sirsi Uttara Kannada) of Mundgod Police, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses directly or indirectly. - 6 - HC-KAR NC: 2025:KHC-D:8460 CRL.P No. 102255 of 2025 ii) The petitioner shall appear before the Court regularly without fail; iii) The petitioner shall not involve himself 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.: 32