- 1 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 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. 101929 OF 2025 (439 Cr.PC/483 OF BNSS) BETWEEN: MOHAMMED HASHAM S/O. ABDULKARIM BIJAPUR, AGE: 22 YEARS, OCC: AUTO DRIVER, R/O. NEAR HANUMAN MANDIR SANGAM COLONY, OLD HUBBALLI, DIST. DHARWAD, PIN CODE-580024. …PETITIONER (BY SMT. SEEMA S. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH OLD HUBBALLI P.S), R/BY. ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.11 ON BAIL IN CRIME NO.300/2024 REGISTERED BY OLD HUBBALLI P.S. FOR THE OFFENCES PUNISHABLE U/S.109, 115(2), 126(2), 351(2), 351(3), 352 R/W. 190 OF BNS 2023 PENDING TRIAL OF THE SAID CASE, BEFORE IV THE ADDL. CIVIL JUDGE AND JMFC COURT AT HUBBALLI IN C.C NO. 3404/2025 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:7541 CRL.P No. 101929 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused No.11 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in Crl.Misc.No.5219/2025, pending on the file of learned I Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi P.S. Crime No.300/2024 for the offences punishable under Sections 109, 115(2), 126(2),351(2), 351(3), 352 R/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) pending on the file of IV Addl.Civil Judge and JMFC., Court at Hubballi in CC No.3404/2025. 3. Brief facts of the prosecution case is as under; - 3 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 of 2025 On 30.12.2024 at about 07:35 p.m., near Ghodake plot, Mother Theresa School, accused Nos.1 to 3 took quarrel with the complainant’s son by name Sameer Shaik in respect of the incident which had taken place on 29.12.2024 and hence, they abused him in filthy language and intentionally insulted him and with an intention of causing death of Sameer Shaik, accused No.1 stabbed him by knife over his abdomen and accused No.2-Rabbani Halemani and accused No.3-Iqbal Halemani with an intention of causing death of complainant’s brother by name Javeed, stabbed him over his right forearm and caused severe injuries and other accused persons with an intention to cause death, assaulted Sameer and Javeed with hands and legs; threatened the Sameer and Javeed with dire consequence. Hence, both, the Sameer and Javeed were taken to KIMS hospital, Hubballi for treatment and on 01.01.2025 at 09:30 a.m., the injured Sameer succumbed to the injuries in the hospital. Hence, a complaint has been lodged for the aforesaid offences. - 4 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 of 2025 4. During the course of investigation, accused No.6 has been arrested on 01.01.2025 and accused No.7 was arrested on 02.01.2025 and they were remanded to judicial custody. After completion of investigation, charge- sheet has been filed against accused Nos.1 to 11 for the aforesaid offences. 5. Learned counsel for the petitioner contended that the petitioner is innocent, he has been falsely implicated in this case, there is no overt act alleged against him and nothing is recovered from this petitioner; the only allegation against accused No.11 is that, he is the friend of accused Nos.1 and 2. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, he prayed for allowing the petition. 6. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioner is involved in the offences punishable under Sections 103(1) of BNS, 2023 (Section 302 of IPC), there is a prima facie case against him and if he is released on - 5 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 of 2025 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. 7. Perused the material available on record. 8. The Investigating Officer after completion of investigation has filed the charge-sheet against accused Nos.1 to 11. On perusal of Column No.17 of the charge- sheet, the Investigating Officer opined that on 30.12.2024, accused Nos.1 to 11 were made criminal conspiracy to commit the murder of Sameer. Hence, accused Nos.1 to 3 took quarrel with Sameer and they stabbed with knife on his abdomen. As per the post mortem report, it revealed that there were two stab injuries found on the dead body of Sameer. As per the charge-sheet material, the allegation against this petitioner is that he is involved in criminal conspiracy to murder the Sameer. - 6 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 of 2025 9. At this juncture, prima facie from perusal of the entire prosecution papers, there are no materials against accused No.11 to attract Section 103(1) of BNS, 2023 (Section 302 of IPC). The prima facie allegation is against accused Nos.1 to 3. 10. 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 the 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; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner (accused No.11) is ordered to be - 7 - HC-KAR NC: 2025:KHC-D:7541 CRL.P No. 101929 of 2025 enlarged on bail in Crl.Misc.5219/2025 (Crime No.300/2024 of Old Hubballi Police Station), on the file of I Additional District and Sessions Judge, Dharwad sitting at Hubballi, 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; 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.: 44