- 1 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104193 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MR. VIJAY DATTA PATGAR S/O. MR. DATTA PATAGAR, AGED ABOUT 24 YEARS, R/O. BHATRAHITLU, MAVALLI-02 MURUDESHWAR, UTTARA KANNADA-581350. 2. MR. TIRUMAL TIMMAPPA MOGER S/O. MR. THIMMAPPA MOGER, AGED ABOUT 27 YEARS, R/O. THENGINAGUNDI, HEBLE BHATKAL TALUK, UTTARA KANNADA-581350. …PETITIONERS (BY SRI. MAHANTESH R.PATIL, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, MURUDESHWAR POLICE STATION, BHATKALA, UTTARA KANNADA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, AT DHARWAD, DHARWAD-581350. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONERS HEREIN ON BAIL IN RESPECT OF FIR / CRIME NO.98/2025, REGISTERED WITH THE MURUDESHWARA POLICE STATION; WHEREIN, THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED NO.10 AND 14 FOR THE ALLEGED OFFENCES UNDER SECTIONS 109, 118(1), 189(2), 351(2), 191(2), 190 AND 352 OF THE BHARATIYA NYAYA SANHITA (BNS), PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BHATKAL SUCH MAY BE DONE IN THE INTEREST OF JUSTICE. 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) The petitioners are arrayed as accused Nos.10 and 14 in Crime No.98/2025 of respondent/Police are before this Court seeking regular bail for the offence punishable under Sections 109, 118(1), 189(2), 351(2), 191(2) and 352 r/w. Section 190 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; It is the case of the prosecution that, the complainant has lodged a complaint stating that, on 19.08.2025 Mithun 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 Nayak a friend of the complainant was waiting near Murudeshwara Temple to arrange accommodation to some Tourists. The said Mithun was threatened by Raju Nayak and Bhaskar Nayak. The said fact was made known to his associates. Thereafter, on the following day at around 12.30 am, Mithun and his friends were present near Murudeshwara Temple. By the time Jagadesh Moger tried to assault with machete to Mithun. However, Mithun escaped from the blow. In the mean time, Raju Nayak with an intention to commit murder, assaulted with a knife, however, Mithun tried to escape from the assault. In the mean time, he sustained injuries on his back and also on the right shoulder. Thereafter, he was shifted to Hospital for treatment. 3. The Head Constable received information and collected the statement after visiting Government Hospital, Bhatkal and registered a case in Crime No.98/2025. - 4 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 4. It is the submission of the learned counsel for the petitioners that petitioners are arrayed as accused Nos.10 and 14. The overt-act against these petitioners are not forthcoming in the said complaint. Moreover, complaint was lodged by the friend of the injured, though, the injured was in a position to give statement to the concerned Police. 5. It is further submitted that the petitioners are the permanent resident of Bhatrahitlu, Mavalli and Thengingundi, Heble respectively and they are the only earning members of the family. They may be enlarged on bail by imposing suitable conditions and they will abide by the conditions imposed by this Court. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 6. Per contra, the learned High Court Government Pleader vehemently submitted that this case is nothing but a gang war. Two groups have fought for the business. The present petitioners are the members of the rival gang, if they are enlarged on bail, there may be chances of - 5 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 committing similar offences. Hence, it is not appropriate to grant them on bail. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears from the records that the injured has been discharged from the Hospital. The complainant has also lodged a complaint against the injured and others. Having considered the nature of the offence and also the gravity thereof, it is appropriate to grant bail to the petitioners by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.98/2025 of - 6 - HC-KAR NC: 2025:KHC-D:14212 CRL.P No. 104193 of 2025 respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 1 surety each for likesum to the satisfaction of the Trial Court, subject to the following conditions; a) The petitioners shall not involve in any similar or any other criminal cases. b) The petitioners shall co-operate with the investigation till filing of the charge-sheet. c) The petitioners shall appear before the Trial Court on all hearing dates. d) The petitioners shall not tamper the prosecution witnesses. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 4