- 1 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103228 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI. KANNAIH S/O RAJA RAM, AGE. 19 YEARS, OCC. HELPER, R/O. NEAR DRDO KODALU VILLAGE, TQ. SANDUR, DIST. BALLARI-583 119, PERMANENT ADDRESS: GAIRAVA VILLAGE, KAIRATOLA POST, WEST CHAMPARAN BAGAHA (W. CHAMPARAN/BETIAH), BIHAR. 2. SRI. VIKAS S/O VINAYA, AGE. 23 YEARS, OCC. HELPER, R/O. NEAR DRDO KODALU VILLAGE-583 119, TQ. SANDUR, DIST. BALLARI, PERMANENT ADDRESS: R/O. MALINAGARA, SIMRI VILLAGE, MALINAGARA, SAMASTIPUR, BIHAR. … PETITIONERS (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY THORANAGAL P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT THE PETITIONERS/ACCUSED NO.3 AND 4 ON REGULAR BAIL IN THE CRIME NO.32/2025 OF THORANAGAL PS, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 103(1), 109 OF BNS PENDING ON THE FILE OF 1ST ADDL. DISTRICT AND SESSIONS JUDGE BALLARI IN S.C. NO.38/2025, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.3 and 4 in S.C.No.38 of 2025 pending before the Court of I Additional District and Sessions Judge, Ballari, arising out of Crime No.32 of 2025 registered by Thoranagal Police Station, Ballari, for offences punishable under Section 352, 103(1), 109 of BNS 2023 are before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.32 of 2025 was registered by Thoranagal Police Station, Ballari initially for offences punishable under Sections 189(2), 191(2), 191(3), 352, 103(1), 109, 190 of BNS 2023 against Shivanarayan and others based on the first information dated 14.03.2025 received from Baleshawar Das, who is one of the injured victim in the present case. During the course of - 3 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 investigation, petitioners herein who are arrayed as accused Nos.3 and 4 in the FIR were arrested on 16.03.2025 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against 4 persons and petitioners are arrayed as accused Nos.3 and 4 in the charge sheet. Their bail application filed before the trial Court in S.C.No.38 of 2025 was rejected on 07.08.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that petitioners are youngsters, aged about 19 years and 23 years respectively, having no criminal antecedents. There are no specific overt acts against them about assaulting the deceased in the present case and the allegation of assaulting the deceased with deadly weapons is only as against accused Nos.1 and 2. Deceased had consumed alcohol prior to the incident in question. Investigation of the case is already completed. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 5. Per contra, learned HCGP has opposed the petition. She submits that two persons have died in the alleged incident in question and there are specific allegations against accused Nos. 1 to 4 about assaulting the deceased with weapons. All the accused hail from Bihar and in the event they are enlarged on the bail, it would be difficult to secure their presence. 6. Perusal of the material on record would go to show that deceased Shankar Madivala had provided labourers to a Company known as ‘Megha Engineering and Infrastructure Limited’, which was awarded work of infrastructure development inside the DRDO campus at Kodalu Village, Sandoor Taluk. On 14.03.2025 for celebrating Holi festival, Shankar Madivala had arranged a party near the labour mess. Accused No.1 and CW16 to CW19 had attended the said party. It is alleged that in the said party that was held at about 2.00 p.m. on 14.03.2025 Shankar Madivala had used filthy language against accused - 5 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 No.1 and therefore there was a quarrel between accused No.1 and Shankar Madiwala. 7. On the same day at about 03.45 p.m., accused No.1 along with accused Nos.2 to 4 had gone inside the room of accused No.1 and allegedly assaulted Shankar Madivala on his head with iron rod. When Shankar Madivala fell down, the other accused persons assaulted him with clubs and hands and thereafter the accused went to the nearby labour colony and assaulted other labourers including CW1. In the said incident, Dinesh Thakur had suffered grievous injury and was admitted to the hospital. It appears that injured Dinesh Thakur also died subsequently in the hospital while undergoing treatment. 8. CW1 and CW24 are the injured eyewitnesses in the present case. In addition to the said witnesses, CW16 and CW18 to 23 are also said to be the eyewitnesses to the incident in question. The eyewitnesses including the injured eyewitnesses have made specific allegations against - 6 - HC-KAR NC: 2025:KHC-D:11111 CRL.P No. 103228 of 2025 accused Nos.3 and 4 about they assaulting the deceased, on the alleged date of incident. In the said incident, 2 persons have died and 2 others have suffered injuries. Considering the nature of allegations found against the accused and the background in which the incident in question had taken place, I am of the opinion that the prayer made by the petitioners at this stage to grant regular bail to the petitioners cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE kgk CT:BCK LIST NO.: 1 SL NO.: 32