- 1 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102258 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI. BASAVARAJ S/O. HONNAPPA HUGAR, AGE: 25 YEARS, OCC: COOLIE, R/O. KADARAMANDALAGI, TQ. BYADAGI, DIST. HAVERI-581106. …PETITIONER (BY SRI. NAGARAJ J. APPANNANAVAR, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH BYADAGI POLICE STATION, BYADGI CIRCLE, TQ. BYADGI, DIST. HAVERI-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 HEREIN ON BAIL FOR THE CASE REGISTERED BY BYADGI POLICE IN BYADGI P.S. CRIME NO.118/2025 DATED 22.05.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 115(2), 118(1), 351(2) AND 352 R/W. SECTION 3(5) OF BNS 2023, PENDING BEFORE THE CIVIL JUDGE AND JMFC, BYADGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Nagaraj J. Appannavar, learned counsel for the petitioner and Smt.Kirtilata, learned High Court Government Pleader for respondent No.1-State. 2. This petition is filed by petitioner/accused No.1 under Section 439 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) to release him on bail in Crime No.118/2025 of Byadgi Police Station, for the offences punishable under Sections 109, 115(2), 118(1), 351(2) and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhit, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case are as under: On 21.01.2025 at about 7.30 p.m., the first informant, who has been running a bar and restaurant, was approached by accused Nos.1 to 4. They instructed the de facto complainant to pay for the chicken. In this regard, a - 3 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 quarrel ensued between them and the first informant and accused abused him in filthy language, accused No.1 assaulted him with beer bottles. The other accused persons also attacked the first informant with beer bottles hitting him on head, hand and legs. As a result, he sustained injuries and was immediately shifted to hospital for treatment, where he lodged a complaint. This led to registration of FIR and investigation. 4. Learned counsel for the petitioner contended that petitioner/accused No.1 is a law-abiding citizen and has not committed any offence. The alleged offences are not punishable with death or imprisonment for life. The injured has already been discharged from the hospital. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent-State contended that petitioner is involved in the heinous offence punishable under Section - 4 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 307 of the IPC. Accused assaulted the victim with beer bottles on his abdomen and neck, which are vital parts of the human body. Hence, there is prima facie case against the petitioner. If he is released on bail, there is likelihood that he may flee away from the justice and also there are chances of tampering the prosecution witnesses and hamper the trial. Hence, he prayed for rejection of the bail petition. 6. On perusal of the material available on record, it appears that there was a scuffle between the de facto complainant and accused Nos.1 to 4 in Tirupati Bar and Restaurant situated at Kadarmandalagi Road, Byadgi. As per the materials available on record, the petitioner assaulted the victim with broken beer bottles on his abdomen and neck. 7. On perusal of the wound certificate issued by Medical Officer, Byadgi, Government Hospital, the doctor has observed the following injuries: - 5 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 i. Superficial fresh cut lacerated wound of size 01x05 cm on left side of anterior superior iliac spine area. ii. Superficial fresh abrasion of size 05.05 cm on front of the neck. 8. As per the opinion of the doctor, injuries Nos.1 and 2, are simple in nature and as per FIR and complaint, the date of incident is on 21.05.2025 at about 7.30 p.m., and the injured was discharged from the hospital on the same day, as an outpatient. It shows that victim is out of danger. 9. Learned counsel for the petitioner contended that since the victim has been discharged from the hospital and is out of danger, therefore, the ingredients of Section 307 of the IPC, could not be attracted. The alleged offences are not punishable with death or imprisonment for life and in fact, the victim has been discharged from the hospital. 10. Considering the nature of the offence and circumstances of the case, particularly the allegations - 6 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 levelled against the petitioner and more particularly accused Nos.2 to 4 already been enlarged by the Sessions Court. Hence, petitioner is also entitled for bail, subject to certain conditions. Accordingly, I proceed to pass the following: ORDER i) The criminal petition is allowed. ii) The petitioner – accused No.1 shall be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two local sureties for the likesum to the satisfaction of the jurisdictional Court/Trial Court. iii) Petitioner shall mark his attendance before the respondent - police on 1st and 16th of every month in between 10.00 a.m., to 5.00 p.m., for a period of six months or till filling of final report, whichever is earlier; iv) The petitioner shall co-operate with the investigating officer until completion of investigation. - 7 - HC-KAR NC: 2025:KHC-D:8554 CRL.P No. 102258 of 2025 v) The petitioner shall not tamper the prosecution witnesses in any manner. vi) The petitioner shall attend the Court regularly. vii) The petitioner shall not indulge in any similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 51