- 1 - HC-KAR NC: 2025:KHC-D:10206 CRL.P No. 103059 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103059 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: VIJAYABHASKAR S/O RAMESH, AGE. 27 YEARS, OCC. BUSINESS, R/O. DOOR NO.22/38, KOTA STREET, GANDHI CHOWK NANDYALA, ANDHRAPRADESH-518 501. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH TOWN P.S. HOSAPETE), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT 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 ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SC NO.5048/2025 IN CONNECTION WITH CRIME NO.50/2025 REGISTERED BY HOSAPETE TOWN P.S. HOSAPETE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 126(2), 352 OF BNS, PENDING TRAIL OF THE SAID CASE BEFORE IIIRD ADDL. DIST. AND SESSIONS JUDGE BALLARI SITTING AT HOSAPETE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10206 CRL.P No. 103059 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in S.C. No.5048/2025 pending before the Court of III Additional District and Sessions Judge, Ballari (sitting at Hosapete) arising out of Crime No.50/2025 registered by Hospet Town Police Station, Vijayanagara District for offences punishable under Sections 109, 126(2) and 352 of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.50/2025 was registered against the petitioner by Hospet Town Police Station, Vijayanagar, for the aforesaid offences based on the first information dated 22.04.2025 received from Bharathi, who is the injured victim in the present case. During the course of investigation of the case, petitioner herein was arrested on 22.04.2025 and subsequently was remanded judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the - 3 - HC-KAR NC: 2025:KHC-D:10206 CRL.P No. 103059 of 2025 Jurisdictional Sessions Court in S.C. No.5048/2025 was rejected on 23.07.2025. Therefore, he is before the Court. 4. Perusal of the material on record would go to show that the petitioner and the victim lady are acquainted to each other. In the first information, it is stated that the victim lady got acquainted to the petitioner about 4 to 5 years prior to the alleged date of incident through Facebook. It is alleged that petitioner was pestering the victim lady to marry him. On 22.04.2025, when the victim lady was on her way to duty, the petitioner all of a sudden intercepted her and after abusing her, assaulted her with a knife which he had brought. In the alleged incident, the victim lady has suffered two injuries and out of the same, one injury is certified as grievous injury. Victim lady who was admitted in the hospital has been already discharged and her condition is said to be stable. Petitioner, who has no other criminal antecedent, is in custody for the last nearly four months. Investigation is completed and the charge sheet has been filed. Considering the aforesaid aspects of the matter and also the background in which the incident in question had taken place, I am of the opinion that his prayer for grant of regular - 4 - HC-KAR NC: 2025:KHC-D:10206 CRL.P No. 103059 of 2025 bail needs to be answered affirmatively. Accordingly, the following: ORDER Criminal Petition is allowed. Petitioner is directed to be enlarged on bail in S.C. No.5048/2025 pending before the Court of III Additional District and Sessions Judge, Ballari (sitting at Hosapete) arising out of Crime No.50/2025 registered by Hospet Town Police Station, Vijayanagara District for offences punishable under Sections 109, 126(2) and 352 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - HC-KAR NC: 2025:KHC-D:10206 CRL.P No. 103059 of 2025 iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 26