- 1 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103132 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: GOPAL S/O BHIMAPPA NOOLI, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. SUTTATI VILLAGE, TQ. RAIBAG, PIN CODE-580 004. … PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARGERI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.5 IN HARUGERI POLICE STATION IN CRIME NO.25/2025 DATED 07.02.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 49, 61(2), 126(2), 103(1) R/W 190 OF BNS, PENDING ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SIT AT: CHIKODI, IN THE INTEREST 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:11110 CRL.P No. 103132 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.5 in Crime No.25/2025 registered by Harugeri P.S. for the offences punishable under Sections 49, 61(2), 126(2), 103(1) R/W 190 of BNS, is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.25/2025 was registered by Harugeri P.S. initially for the offences punishable under Sections 126(1), 109, 49, 352, 351(2), 3(5) of BNS against Malakari Balakrishna Hudedamani and three others based on the first information dated 07.02.2025 received from Smt. Sima W/o Lakkappa Babalyagol. Injured Lakkappa who was admitted in the hospital on 06.02.2025, subsequently died in the hospital on 15.02.2025 and thereafter, offence punishable under Sections 61(2), 126(2), 103(1) r/w 190 of BNS are inserted in the present - 3 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 case. During the course of investigation, accused nos.1 to 4 who were named in the FIR were arrested. After completing investigation, charge sheet has been filed against 5 persons. Petitioner is arraigned as accused no.5 in the charge sheet. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.5273/2025 before the jurisdictional Sessions Court which was rejected on 25.07.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner’s name is not found in the FIR. In the first information submitted by the wife of deceased she has stated that on 06.02.2025, her husband Lakkappa had gone to the Bank and subsequently, she received a phone call from her husband’s mobile phone and the caller informed that her husband was assaulted by some persons and he was grievously injured. Immediately, thereafter, she along with her relatives went to the spot where her husband was lying. - 4 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 5. Thereafter, the relatives of the first informant shifted the injured husband to the hospital and subsequently, the first informant had approached the Police and based on her first information, FIR was registered against accused Nos.1 to 4. In the first information, she has stated that, on enquiry from the owner of the land in which the injured was lying; she came to know that accused Nos.1 to 3 had assaulted her husband. In the first information, she has alleged that, at the instance of accused No.4 with whom her husband had a civil dispute, accused Nos.1 to 3 had assaulted her husband. It is under these circumstances, FIR was registered against accused Nos.1 to 4. During the course of investigation, accused Nos.1 to 4 are arrested and they were remanded to the judicial custody. After completing the investigation, charge sheet has been filed in the present case against five persons. The petitioner is arrayed as accused No.5 in the charge sheet. 6. CW10 to CW13 are the alleged eyewitnesses to the incident in question. CW10 – Laxman Tammanna - 5 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 Galagali is the person who had informed the first informant that he had seen accused Nos.1 to 3 assaulting her husband. The statement of the alleged eyewitnesses namely CW10 to CW13 was recorded on 07.02.2025 which is immediately after the FIR was registered. In the said statement they have not spoken about the presence of the petitioner herein at the spot of the crime. Their further statement was recorded on 21.03.2025, in which they have stated that accused No.5 was present at a distance from the spot of crime and he kept a watch when accused Nos.1 to 3, were assaulting the deceased. It is under these circumstances, the petitioner is arrayed as accused No.5 in the charge sheet. The allegation against him is that he was present at a distance from the spot of crime, when accused Nos.1 to 3 were assaulting the deceased at the instigation of accused No.4 and had kept a watch. There is no allegation against the petitioner about he assaulting the deceased. The eyewitnesses in their initial statement have not stated the presence of the petitioner near the spot of - 6 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 crime. It is only in their further statement, which is recorded after a period of 45 days, for the first time they have spoken about the presence of the petitioner near the spot of crime. The investigation is completed and the charge has been filed. Under the circumstances, the following: ORDER The Criminal Petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner – accused No.5 in the event of his arrest in Crime No.25/2025 registered by Harugeri P.S., Harugeri Circle, Belagavi District for the offences punishable under Sections 49, 61(2), 126(2), 103(1) read with Section 190 of BNS, 2023, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a - 7 - HC-KAR NC: 2025:KHC-D:11110 CRL.P No. 103132 of 2025 sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. (ii) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB & VNP / CT: BCK LIST NO.: 1 SL NO.: 27