- 1 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104644 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: VIVEK @ VIKESH S/O. ANANT JUVEKAR, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. H.NO.289, CROSS NO.3, NEW GOODS SHED ROAD, SHASTRI NAGAR, BELAGAVI - 590001. …PETITIONER (BY SRI. VANTI MOHAMMAD SHARIF LATIF, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY PSI, MALMARUI POLICE STATION, BELAGAVI, RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARAWAD BENCH, DHARWAD - 580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THE PETITION AND DIRECT TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN MALMARUTI POLICE STATION CRIME NO.183/2025 PENDING ON THE FILE OF THE JMFC-II COURT, BELAGAVI, REGISTERED FOR THE OFFENCES UNDER SECTIONS 109, 115(2), 189(2), 190 AND 191(2) OF BNS, 2023 AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.183/2025 of respondent-police for the offences under Sections 109, 115(2), 189(2), 190 and 191(2) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the complainant being the father of the deceased stated in the complaint that on 29.09.2025 around about 2.30 a.m. when he was in his house, has received a phone call from his friend namely Shivanand that, the son of the complainant had sustained severe head injury and he was admitted in the hospital. Immediately, the complainant went to the KLE Hospoital, Belagavi around about 4.30 a.m. and saw that, his son had sustained injury and he was not in a position to speak with anybody. There were number of friends of the - 3 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 son of the complainant who were present in the premises. The complainant enquired one Mr.Praveen Prakash Badiger about the incident. He has narrated the incident to the complainant that, on 29.09.2025 around about 00.26 hours in the midnight the deceased had called the said Badiger, the sound of the quarrel was being heard. Thereafter, the phone got switched off. Immediately, the said Badiger and another friend went to the spot. On seeing the said Ramesh, said Badiger found that, the Ramesh had sustained head injury on his back and he was not in position to speak, immediately he was shifted to hospital. According to the complainant, accused Nos.1, 2 and others have assaulted the injured. 3. Based on the said complaint, the respondent- police had registered a case and conducted investigation. 4. Heard Sri.M.L.Vanti, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. - 4 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences. He has been falsely implicated in this case. The petitioner whether he was present at the spot or not, is a disputed fact. 6. It is further submitted that the petitioner was not known to the injured prior to the incident. Except injured, no other witnesses have witnessed the said incident. The statement of the injured has not been recorded. The injured is out of danger, therefore, it is appropriate to grant bail to the petitioner. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, almost nine persons have assaulted a single person and caused fatal injuries. He has been hospitalized, till today he is taking treatment. The manner in which he had been assaulted would indicate the gravity of the offence, hence it - 5 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 is not appropriate to grant the bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Similarly, learned counsel for the respondent No.2 adopted the arguments of the learned High Court Government Pleader and he further submitted that, the petitioner is arrayed as accused No.2 and he is seeking anticipatory bail. The victim has been admitted to the hospital on 29.09.2025 and he has been discharged from the hospital on 18.11.2025. The victim was taking treatment as inpatient for almost 50 days. 9. It is further submitted that the involvement of the present petitioner was shown through CCTV Footage. The petitioner and others had assaulted indiscriminately and caused injuries to the victim. If the petitioner is enlarged on bail, there may be chances of absconding from the case. Hence, it is not appropriate to grant him bail. - 6 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the major offence in this case is Section 307 of IPC/109 of BNS 2023. On perusal of the records, it appears that the victim has been discharged from the hospital on 18.11.2025. Now he is out of danger. Merely because the victim had sustained severe injuries in the incident is not the ground to deny the bail unless it is established that the petitioner had intention to commit murder of the victim. 11. Having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing the suitable conditions that would take care of the apprehension of the prosecution. 12. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.183/2025 of respondent-police for the offences under Sections 109, 115(2), 189(2), 190 and 191(2) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2025:KHC-D:18229 CRL.P No. 104644 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 2 Sl No.: 2