- 1 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101980 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SATISH S/O. SHEKHAPPA DASNAYAKAR, AGE: 23 YEARS, OCC: AGRICULTURE, R/AT. BANDIWAD, HUBLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBLI RURAL POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON REGULAR BAIL AS ATTACHED IN HUBLI RURAL POLICE STATION CRIME NO.94/2025 PENDING ON THE FILE OF 2ND JMFC, COURT AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/S. 118(1), 118(2), 126(2), 352, 351(2) R/W. 3(5) OF BHARATIYA NYAYA SANHITA (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:7310 CRL.P No. 101980 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- state. 2. This petition is filed by petitioner/accused No.1 for grant of bail in Crime No.94/2025 of Hubli Rural Police Station, for the offences punishable under Sections 118(1), 118(2), 126(2), 352, 351(2) R/W. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case are as under: 4. On 30.03.2023 at about 10.45 a.m., when the first informant was in his house, she received information about the assault made by the children of his brother to her son. Hence, he immediately went to the said place i.e, Mantur road, Hubballi and enquired with the injured. In turn, he disclosed that accused Nos.1 to 4 took quarrel - 3 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 with him, abused him in filthy language, intentionally insulted to provoke his breach of peace and also assaulted with clubs on his head by accused No.1 and accused Nos.2 to 4 hold him tightly and accused threatened him with life and also made criminal intimidation to eliminate him and hence, he was shifted to the KIMS Hospital, Hubballi for treatment, wherein she lodged complaint. 5. During the course of investigation, the petitioner was arrested and in turn, he was remanded to the judicial custody and since then he was in judicial custody. 6. Learned counsel for the petitioner contended that petitioner is a law abiding citizen and he is an agriculturist by profession. There is a civil dispute between the parties. Accused Nos.2 to 4 are already granted the bail and there is a case and counter case between the parties. Now, injured has discharged from the hospital. The offences alleged are not punishable with death or imprisonment for life. Accused No.1 has been falsely - 4 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 implicated in this case and he is ready and willing to abide by any condition that may be imposed by this Court. 7. Learned HCGP for respondent No.1-State contended that petitioner has involved in a heinous offence punishable under Section Sections 118(1), 118(2), 126(2), 352, 351(2) R/W. 3(5) of the BNS, he assaulted the victim with clubs on his head which is a vital part of the human body. Hence, there is a prima facie material against the petitioner. If petitioner is granted bail, there is likelihood of he tampering the prosecution witnesses and also hamper the trial. On all these grounds, he prayed to reject the bail petition. 8. Perused the materials available on record. 9. It appears that there was some property dispute between the family of the complainant and accused persons. In the instant case, it is alleged that the petitioner has assaulted with clubs on the head of injured in relation to the property dispute. - 5 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 10. On perusal of the impugned order passed by jurisdictional Court, learned Judge has clearly mentioned that the victim is already been discharged from the KIMS Hospital, Hubballi. It shows that the victim is out of danger. 11. It is the submission of learned counsel for the petitioner that since the victim is discharged from the hospital, she is out of danger and therefore, Section 118 of BNS, would be attracted. Alleged offences are not punishable with the death or imprisonment for life. In fact, the victim is discharged from the hospital and she has out of danger. Petitioner is an agriculturist by profession. Thus, his presence can be easily secured by imposing suitable conditions. 12. Considering the nature of the offence and the fact that accused Nos.2 to 4 are already granted bail, this Court is of the opinion that the petitioner is entitled to grant of bail. Accordingly, this Court proceeds to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Crime No.94/2025 of respondent - Police Station on his executing a personal bond in a sum of Rs.2,00,000/- with a surety for the likesum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner shall not tamper the prosecution witnesses and threaten the complainant. ii. He shall mark his attendance on 1st Sunday of every month in between 10:00 a.m. to 05:00 p.m., for a period of 6 [six] months or till filing of final report, whichever is earlier. iii. He shall appear before the Court regularly without fail. iv. He shall not commit similar offences. - 7 - HC-KAR NC: 2025:KHC-D:7310 CRL.P No. 101980 of 2025 Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 23