- 1 - HC-KAR NC: 2025:KHC-D:10922 CRL.P No. 103179 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103179 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: DALROTTI ASLAMSAB @ PATED ASLAM S/O HUSSAINSAB, AGE. 35 YEARS, R/O. HOMBALAGATTI VILLAGE, HARAPANAHALLI TALUK, DIST. VIJAYANAGAR-583 131. … PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS HARAPANAHALLI POLICE STATION AUTHORITIES, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO PETITIONER MAY BE RELEASED ON REGULAR BAIL, IN HARAPANAHALLI PS CRIME NO.137/2025 FILED AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(1), 109, 352, 351(2) SECTION 351/3 R/W SECTION 3(5) OF BNS ACT ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC, HARAPANAHALLI, BY ALLOWING THIS CRIMINAL PETITION, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10922 CRL.P No. 103179 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in Crime No.137 of 2025 registered by Harapanahalli Police Station, Harapanahalli Circle, Vijayanagara District, for the offences punishable under Sections 115(1), 109, 352, 351(2) , 351(3), read with Section 3(5) of the BNS, 2023, is before this Court under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.137 of 2025 was registered by Harapanahalli Police Station, Harapanahalli Circle, Vijayanagara District for the aforesaid offences against Dallrotti Husensab and others, based on the first information dated 09.06.2025 received from Nusrath Bhanu Makarabbi, who is the wife of injured-victim Makarabbi Peerla Husensab. During the course of investigation, the petitioner herein, who is arrayed as accused No.3 in the FIR was arrested on 09.06.2025 and remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:10922 CRL.P No. 103179 of 2025 custody. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.5386/2025 was rejected on 21st July 2025. Therefore, he is before this Court. 4. Perusal of the averments found in the first information dated 09.06.2025 would go to show that the incident in question had taken place after the parties had fought against each other on a petty issue. In the alleged incident that had taken place on 09.06.2025, accused Nos.1 to 3 allegedly had abused and assaulted the husband of the first informant. 5. Learned HCGP fairly submits that in the said incident, the injured-victim has suffered only simple injuries. 6. The investigation of the case is completed and charge sheet is already filed. The petitioner who has no other criminal antecedent is in custody from 09.06.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail - 4 - HC-KAR NC: 2025:KHC-D:10922 CRL.P No. 103179 of 2025 needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner – accused No.3 is directed to be enlarged on bail in Crime No.137 of 2025 registered by Harapanahalli Police Station, Harapanahalli Circle, Vijayanagara District, for the offences punishable under Sections 115(1), 109, 352, 351(2), 351(3) read with Section 3(5) of the BNS, 2023, subject to the following conditions: (i) The petitioner – accused No.3 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. - 5 - HC-KAR NC: 2025:KHC-D:10922 CRL.P No. 103179 of 2025 (v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 21