- 1 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104380 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: SHRI. ASHOK JAGADEV CHOUGALA, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O: MALABAD- 591304, TQ: ATHANI, DIST: BELAGAVI. …PETITIONER (BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA (ATHANI PS) BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT PREMISES, DHARWAD- 580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE HIM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN ATHANI PS CR NO.142/2024 (S C NO.10014/2025 ON THE FILE OF XI ADDL DISTRICT AND SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 307, 504 AND 506 R/W 34 IPC IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This is a successive bail application filed for regular bail. 2. The case of the prosecution is that the petitioner is the brother of accused no.2. Accused no.2 is the husband of Sushmita, who is the sister of the complainant. The complainant had visited the house of the petitioner for asking the family members of Sushmita to send her as there was fair in the village of the complainant. The said request was denied by the petitioner and others. 3. It is stated that the complainant had approached the elders of the village and informed them that his sister was not being sent by the family members. The villagers had advised them to send her to her parents house to attend the fair. 4. The complainant had informed his brothers that their sister was not being sent by the family members. The - 3 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 brothers had come to the house and requested the family members to send their sister to their house. When the family members of Sushmita had not interested to send her, a quarrel took place between the parties. In the said quarrel, both the parties had sustained reciprocal injuries. 5. A complaint came to be registered against the petitioner and others. The respondent police have registered a case, conducted investigation and submitted the charge sheet. 6. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of alleged offences. In fact, he has sustained grievous injury on the vital part of his body. He also lodged a complaint against the complainant and others. The matter is pending before the Trial Court for adjudication, the alleged incident had taken place in the night hours. Such being the fact, overt-act of the present petitioner cannot be determined. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. - 4 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 7. Per contra, learned High Court Government Pleader vehemently submits that, this is a successive bail application filed by the petitioner on the same ground which was raised in the earlier petition. The said application was rejected on merits. As the present petition was not filed under the changed circumstances, the same has to be rejected is his contention. 8. Having heard the learned counsel for the respective parties and also on perusal of the averments of the charge sheet, it appears that the petitioner had also sustained severe injuries and he had undergone a major operation. The learned counsel for the petitioner had made available the photos and also the medical report of the petitioner. 9. On perusing the said documents, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.142/2024 of respondent police, 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 not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall not leave the jurisdiction of the Court till disposal of the case. v. The petitioner shall appear before the Trial Court on all dates of hearing without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 6 - HC-KAR NC: 2025:KHC-D:15900 CRL.P No. 104380 of 2025 prosecution to file necessary application for cancellation of bail. SD/- (S.RACHAIAH) JUDGE Vmb List No.: 1 Sl No.: 46