- 1 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101917 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: ARJUN S/O. MAILAREPPA TALAWAR, AGE: 28 YEARS, OCC: COOLIE, R/O. DESAI KOLLAPUR, HANGAL TALUK, DIST. HAVERI. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HANAGAL POLICE STATION, HANAGAL, REP. BY THE STATE PUBLIC PROSECUTION, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.44/2025 OF HANGAL P.S. FOR OFFENCE PUNISHABLE U/S.109, 115(2), 115 (1 & 2) AND 352 R/W. SECTION 3(5) OF BNS 2023 WHO IS ARRAYED AS ACCUSED NO.2, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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:7536 CRL.P No. 101917 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.2 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 438 of Cr.P.C], praying to grant anticipatory bail in Crime No.44/2025 of respondent/Hangal Police Station for the offences punishable under Sections 109, 115(2), 118(1 & 2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case are that; On 01.04.2025, at 6.15 p.m., in front of the house of first informant situated at Desai Kallapur village, accused Nos. 1 and 2 with an common intention in order to assault the injured Pradeep, came and took quarrel with the - 3 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 injured. Accused No.1 assaulted the injured with chopper over front and back of the head with an intention to cause death and caused grievous injuries, so also accused No.2 hit the said injured Pradeep with iron rod on his chest and right hand. Both the accused intentionally insulted and threatened the injured to eliminate him. Therefore, the injured Pradeep sustained severe injuries and he was shifted to hospital. Hence, the first informant lodged the complaint, which led to registration of FIR and the investigation. 4. Apprehending his arrest at the hands of respondent/police, the petitioner/accused No.2 preferred this anticipatory bail petition contending that he is innocent, he has been falsely implicated in this case and he has not committed any offence. The injured Pradeep is already been discharged from the hospital and the trial Court has already granted bail in Crl.Misc.No.252/2023 in favour of accused No.1. The petitioner is ready to abide by - 4 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 the conditions to be imposed by this Court. Hence, on the ground of parity also, petitioner is entitled for bail. 5. Per contra, learned High Court Government Pleader has filed statement of objections with discharge summary and contended that the petitioner is involved in this case. The petitioner/accused No.2 assaulted the injured Pradeep with iron rod on his chest and hand, thereby caused grievous injuries. There is a prima-facie case against the petitioner, if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail. Hence, prayed for rejection of the petition. 6. A perusal of the material available on record, it appears that accused No.1 assaulted with club on the head of injured Pradeep and accused No.2 assaulted the injured with iron rod on his chest. As per discharge summary/medical report, the doctor opined that bone window shows fracture of right frontal bone, fracture of - 5 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 right anterior and posterior wall of right frontal sinus with hemosinus and fracture of right lamina papyracea. The injured Pradeep was admitted to the hospital on 01.04.2025 and he was discharged from the hospital on 04.06.2025. It shows that the injured is out of danger. Admittedly, the alleged offences are not punishable with death or imprisonment for life. The fact that accused No.1 is already been enlarged on bail by the learned Principal District and Sessions Judge, Haveri in Crl.Misc.No.252/2025. 7. 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 justice if released on bail, character and antecedents of the petitioner tampering of the prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; - 6 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 ORDER The petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. The petitioner/accused No.2 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in Crime No.44/2025 on he executing personal bond for a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner shall mark his attendance before I.O/S.H.O on first Sunday of every month in between 10:00 a.m. to 05:00 p.m. for a period of six months or till filing of the final report, whichever is earlier; iii) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; - 7 - HC-KAR NC: 2025:KHC-D:7536 CRL.P No. 101917 of 2025 iv) The petitioner shall appear before the Court regularly; v) The petitioner shall not involve in any similar offences. Sd/- (VENKATESH NAIK T) JUDGE AM/-.CT-AN List No.: 1 Sl No.: 41