- 1 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104262 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. CHAMANSAB S/O. ABDULGANI UNKAL, AGE. 31 YEARS, OCC. CENTERING WORK, R/O. KADE ONI, DEVANGPETH, HUBBALLI-580020. 2. YUNIS S/O. MAHAMMADRAFIQ NAIKAR, AGE. 30 YEARS, OCC. CENTERING WORK, R/O. KADE ONI, DEVANPETH, HUBBALLI-580020. …PETITIONERS (BY SRI. A.C. CHAKALABBI, ADVOCATE) AND: THE STATE OF KARNATAKA, (PSI ASHOK NAGAR, POLICE STATION, HUBBALLI) REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONERS ON REGULAR BAIL IN ASHOK NAGAR POLICE STATION, CRIME NO.63/2025 PENDING ON THE FILE OF JMFC 1ST COURT HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 SECTIONS 109(1), 115(2), 352, 126(2), 118(1), 61(2) R/W SECTION 3(5) OF BNS-2023, AND ETC.,. 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 petitioners/accused Nos.1 and 2 are before this Court seeking for grant of regular bail in Crime No.63/2025 of respondent Police Station for the offence under Sections 109(1), 115(2), 352, 126(2), 118(1), 61(2) R/W Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri A.C. Chakalabbi, learned counsel for the petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 3. The case of the prosecution is that the complainant is the resident of Kade Oni, Devangpeth, Hubli. She was doing work of preparing rotis and she used to sell the same to the localities. Accused No.3 used to come to - 3 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 the house to purchase rotis, as such, the accused acquainted with the complainant and her family members. 15 days prior to the incident, her son had purchased bullet bike. Accused No.3 having learnt that, the son of the complainant had purchased bike, accused No.3 had advised him over phone that he should have purchased site instead of purchasing the bike. Being annoyed on the said advise, the son of the complainant called accused No.3 over phone and quarreled with him. Accused No.3 has in turn, replied and threatened the son of the complainant that he would eliminate him. 4. Such being the fact, on 07.09.2025 around about 10 p.m., when the son of the complainant had been to the shop, accused Nos.1 and 2 who are the relatives of accused No.3 started assaulting the son of the complainant indiscriminately by scolding in filthy language stating that why he had confronted with accused No.3. 5. It is stated that accused No.1 stabbed with knife on the stomach of the son of the complainant and caused - 4 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 injuries. Immediately, the injured fell down on the ground. The owner of the shop and others pacified the incident and injured was shifted to hospital for treatment. A complaint was lodged by the complainant against accused nos.1 to 3. Based on the information, the respondent police have registered a case in Crime No.63 of 2025. The investigation is under progress. 6. The learned counsel for petitioners submits that the petitioners are innocent of the alleged offences. They had no intention to commit the murder of the deceased. In fact, the incident had happened due to sudden provocation. The petitioners are working as coolie and they are aged about 31 and 30 years respectively and are permanent resident of Kade Oni, Hubli and they are brothers. As they are earning members of the family and the injuries inflicted to the injured are not so severe. The injured is out of the danger. Therefore, the petitioners may be enlarged on bail is the submissions of the learned counsel for the petitioners. - 5 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 7. The learned High Court Government Pleader vehemently submitted that accused no.1 stabbed on the vital part of the injured and caused injuries. The manner in which he has assaulted the injured would indicate that he had intention to commit murder. As both the petitioners were having common intention to commit murder, it is not appropriate to grant them bail, is the submissions of learned High Court Government Pleader. 8. Having considered the said submissions and on perusal of the averments of the complaint, it appears from the record that the incident had occurred around about 10.30 pm. in front of the retail shop of Iranna. Though, it is alleged that accused no.1 stabbed on the vital part of the body of the injured, the fact remains that, the injured is out of danger. It appears from the record that the injured has been discharged from the hospital, after obtaining the treatment from the hospital. Now, he is out of danger. 9. Considering the facts and circumstances of the case and also the averments of the case diary made - 6 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 available by the learned High Court Government Pleader, it is appropriate to grant them bail by imposing suitable conditions that would take care of apprehension of the prosecution. Hence, I proceed to pass the following:- ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.63/2025 on executing personal bond in a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioners shall appear before the Trial Court on all dates of hearing without fail. (vi)The petitioner shall co-operate with the investigation. - 7 - HC-KAR NC: 2025:KHC-D:15985 CRL.P No. 104262 of 2025 In case, if the petitioners violate 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 VMB List No.: 1 Sl No.: 30