- 1 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104257 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: YALLAPPA S/O FAKEERAPPA KURI AGE. 22 YEARS, OCC. AGRICULTURE, R/O. JAKKALI, TQ. RON, DIST. GADAG-582111. …PETITIONER (BY SRI SANKET SHANKRAPPA AMBALI, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH NAREGAL POLICE STATION, R/BY ADDITIONAL STATE PUBLIC PROSECUTOR, S.P.P. OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO GRANT REGULAR BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED NO.1 IN S.C.NO.85/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 103(1), 109, 352, 49, 351(2) READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, GADAG, BY IMPOSING STRICT Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 CONDITIONS (IF NECESSARY) IN THE INTEREST OF JUSTICE & ETC.,. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This is a successive bail petition filed by the petitioner, who is a arraigned as accused No.1, seeking for regular bail, in Crime No.49/2024 of respondent police, registered for the offences punishable under Sections 103(1), 109, 352, 49, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, Factual Matrix of the Case: 2. The complainant who is the injured in the incident lodges a complaint against the petitioner and others stating that, on 12.08.2024, in the evening, herself and her husband and others were sitting in front of their house after putting the green gram for drying in front of their house. In the meantime the petitioner and his father were on the way to their house on their car and informed - 3 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 them to take off the grains to move the car. When the complainant did not hear their words, they took the car in an another route and came to their house and parked the vehicle. Thereafter, they came and started quarreling with them. It is alleged that, accused No.1 went and brought an iron rod and assaulted the complainant and her husband. Consequently, both had sustained injuries. The husband of the complainant died in hospital. Based on the complaint, the respondent police registered a case and conducted investigation and submitted the charge sheet. 3. Heard Sri Sanket Shankrappa Ambali, learned counsel for the petitioner and Sri Jairam Siddi, learned HCGP for the respondent State and perused the material placed before the Court. 4. This successive bail petition is filed under the changed circumstances that some of the eye witnesses have been examined, the father of accused No.1 recently passed away and his mother is there and the petitioner has to take - 4 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 care of the mother. Moreover, there are lot of improvements and contradictions in the evidence of eye witnesses. There may be chances of ending the case in an acquittal. Under such circumstances, keeping the petitioner in judicial custody would not serve any purpose and hence the petitioner may be enlarged on bail by imposing suitable conditions. As such, learned counsel for the petitioner prays to allow the petition. 5. Per contra, the learned HCGP for the respondent State vehemently submitted that the eyewitnesses have been examined and they have supported the case of the prosecution. There are chances of ending the case in conviction. At this stage, if the petitioner is enlarged on bail, there may be chances of committing similar offence against the eyewitnesses. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, and also depositions of the eyewitnesses, without adverting to the merit of the case, prima facie, I am of the considered opinion that the petitioner has made out a case to grant him bail. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.49/2024 of respondent police, pending before the Principal District and Sessions Judge, Gadag, in S.C.No.85/2024, on executing his personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2025:KHC-D:15318 CRL.P No. 104257 of 2025 iii) The petitioner shall not threaten the prosecution witnesses. iv) The petitioner shall appear before the Court on all hearing dates without fail. v) The petitioner shall not commit any or similar offences till disposal of the case. In the event of violation of any of the conditions as imposed above, the learned HCGP is at liberty to move for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK / CT: VP LIST NO.: 1 SL NO.: 8