- 1 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104254 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. VENKATESH NARAYAN NAIK, AGED ABOUT 36 YEARS, OCC. LABOURER, RESIDING AT 201-1, K.D.C.C., WARD, HOSAHITLE, MAVALLI-1, MURDESHWAR, TQ. BHATKAL, DIST. UTTARA KANNADA-583201. 2. JAYANTH @ JAYANT NARAYAN NAIK, AGED ABOUT 33 YEARS, OCC. LABOURER, RESIDING AT 36, VENKATESHWAR NILAYA, K.D.C.C., WARD, MURDESHWAR, MAVALLI-1, TQ. BHATKAL, DIST. UTTARA KANNADA-583201. …PETITIONERS (BY SRI. MALLIKARJUNASWAMY B.HIREMATH, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 AND: THE STATE OF KARNATAKA, MURDESHWAR POLICE STATION, UTTARA KANNADA, KARWAR-583201, BY ITS POLICE INSPECTOR, ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS PRAYING TO GRANT BAIL TO PETITIONER NO.1 AND 2/ ACCUSED NO.1 AND 2 IN EVENT ARREST BY POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 109, 115(2), 191(2), 190, 118(2), 189(2), 352 R/W SECTION 190 OF BHARATIYA NYAA SANHITA (BNS) 2023 IN CRIME NO.97/2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BHATKAL ON THE FOLLOWING FACTS AND GROUNDS BY ALLOWING THIS INSTANT CRIMINAL PETITION IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners are before this Court seeking to enlarge them on bail in Crime No.97/2025 for the offences punishable under Sections 109, 115(2), 191(2), 190, 118(2), 189(2) and 352 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; It is the case of the prosecution that, on 20.08.2025 at about 1:30 am, when the complainant was on the road of Murudeshwar Temple, in front of the Hotel Indraprasta, the accused persons in furtherance of their common intention picked up a quarrel with the complainant, accused No.1 abused him in filthy language and started assaulting him with hands. The complainant pushed the accused No.1. The accused No.1 with an intention to commit murder, took sickle and assaulted on his head and also on the right side of the head and caused injuries. Accused No.2 assaulted 1 For short ‘BNS, 2023’ - 4 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 with sickle and rest of the accused had also assaulted him by hands. At that time, the brother of the complainant interfered and pacified the quarrel and he was taken to Hospital for treatment. Hence, the complaint was lodged against the accused persons. 3. Based on the complaint, respondent/Police have registered a case and the investigation is in progress. 4. It is the submission of the learned counsel for the petitioners that the petitioners have been falsely implicated due to rivalry between the complainant and the petitioners. Both the complainant and the petitioners were doing the same work within the limits of Murudeshwar. 5. Though the allegations are made against these petitioners that they assaulted the complainant by using lethal weapons, the facts remain that there is a case and counter case. The petitioners are the permanent residents of respective addresses mentioned in the cause title. They will abide the conditions imposed by this Court in the event - 5 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 of their release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader vehemently submitted that the petitioners are the anti-social elements. Both are brothers residing in Murudeshwar. There is a rivalry between the complainant and the petitioners. In case, if the petitioners are enlarged on bail, there may be chances of committing similar offences. 7. It is further submitted that, accused No.1 is having five cases, accused No.2 is having 13 cases. The injury caused to the complainant is grievous in nature. The accused No.1 assaulted on the vital part of the injured. Therefore, having considered the antecedents and also background of the petitioners, the petition may be rejected. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the petitioners started quarreling with the complainant in connection with - 6 - HC-KAR NC: 2025:KHC-D:14712 CRL.P No. 104254 of 2025 their respective businesses. The accused No.1 assaulted him with the sickle on the vital part of the body i.e., on head and caused severe bleeding injuries. Having considered the antecedents and also the nature of the offences committed by the petitioners, I am of the considered opinion that, this is not a case for granting anticipatory bail. Hence, the petition is rejected. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 16