- 1 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103478 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. PAVAN SON OF KRISHNA, AGED ABOUT 24 YEARS, MASON, R/O. MOREGALLI, BEHIND GAFOOR LODGE, COWL BAZAAR, BALLARI-583 101. 2. KISHORE SON OF KRISHNA, AGED ABOUT 22 YEARS, ROD BENDING WORK, BEHIND GAFOOR LODGE, COWL BAZAAR, BALLARI-583 101. … PETITIONERS (BY SRI. MANJUNATH PUNDALIK HANCHATE, ADVOCATE) AND: THE STATE BY PSI, COWL BAZAAR POLICE STATION, BALLARI-583 101, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO RELEASE THE PETITIONERS (ACCUSED NO.1 AND 2) ON REGULAR BAIL IN RESPECT OF BALLARI CRIME NO.200/2024 REGISTERED BY THE COWLBAZAR POLICE STATION AGAINST PETITIONERS (ACCUSED NO.1 AND 2) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109, 115(2), 351(2), 352 READ WITH SECTION 3(5) OF BNS, 2023, PENDING BEFORE THE II ADDL. CIVIL JUDGE AND JMFC, BALLARI. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in S.C. No.7 of 2025, pending before the Court of the Second Additional District and Sessions Judge at Ballari, arising out of Crime No.200 of 2024 registered by Cowlbazar Police Station, Bellary City Sub-Division, Ballari District, for the offences punishable under Sections 103(1), 109, 115(2), 351(2), 352 of BNS, 2023, are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.200 of 2024 was registered by Cowlbazar Police Station, Bellary City Sub-Division, Ballari District initially, for offences punishable under Section 109, 115(2), 351(2), 352 read with Section 3(5) of the BNS, 2023 against the petitioners herein based on the first - 3 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 information dated 16.11.2024 received from Mamthaj Begam, wife of Abdul Razaq. During the course of investigation, accused No.1 was arrested on 27.11.2024 and accused No.2 was arrested on 20.11.2024. The injured Abdul Razaq, who had sustained injuries in the incident in question that had taken place on 15.11.2024, subsequently died in the hospital on 22.11.2024. Thereafter offence punishable under Section 103(1) of the BNS, 2023 was invoked in the present case. After completing investigation, charge sheet has been filed against the petitioners for the aforesaid offences and they are arraigned as accused Nos.1 and 2 in the charge sheet. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc. No.512 of 2025 was rejected on 17th July 2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the memorandum of petition submits that, in respect of the alleged incident that had taken place on 15.11.2024 there is a case and counter - 4 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 case registered in Crime No.200 of 2024 and Crime No.201 of 2024 by Cowlbazar Police Station, Ballari. The petitioners had no intention to assault Abdul Razaq and accidentally Abdul Razaq had suffered injuries in incident in question. The petitioners who are youngsters, are direct brothers and they do not have any criminal antecedents. They are in custody for the last 10 months. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the allegation of assaulting Abdul Razaq on his head with a wooden club is against accused No.2. There are eyewitnesses to the incident. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that on 15.11.2024 at about 10:00 p.m., accused No.1 - Pavan, and the son of the first informant i.e., Mohammed Kijar had fought against each other on a petty issue. In the said incident, Mohammed Kijar and his friends - 5 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 allegedly had assaulted Pavan and as a result, Pavan had sustained injuries. Subsequently, Pavan and his younger brother - Kishore, who is arrayed as accused No.2 in the present case, came near the house of first informant in search of Mohammed Kijar and after abusing him, started assaulting him with their hands. At that time accused No.2 picked up a wooden club which was lying down and tried to assault Mohammed Kijar. Since Abdul Razaq tried to intervene, the blow fell on the head of Abdul Razaq and as a result, he got injured. Immediately thereafter, Abdul Razaq was shifted to hospital, but he died while undergoing treatment in the hospital on 22.11.2022. 7. Perusal of the material on record would go to show that accused Nos.1 and 2 had come near the house of the first informant after her son and his friends had assaulted accused No.1 and caused him injuries. In respect of the said incident in which accused No.1 had suffered injuries, FIR in Crime No.201 of 2024 has been registered by Cowlbazar Police Station for the offences punishable - 6 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 under Sections 115(2), 118(1), 351(2), 352 read with Section 3(5) of the BNS, 2023 against Mohammed Kijar and others. It is found that deceased Abdul Razaq is arrayed as accused No.2 in the said FIR. Therefore, it is apparent that in respect of the alleged incident that had taken place on 05.11.2024, there is a case and counter case and both the parties have suffered injuries. It is also apparent that the petitioners had no intention to assault Abdul Razaq and they had not come to the spot armed with any weapons. Abdul Razaq got injured accidentally when he tried to interfere when accused No.2 tried to assault Mohammed Kijar with a wooden club which was lying nearby. 8. Investigation of the case is completed and charge sheet has been filed. Undisputedly, petitioners who are direct brothers do not have any criminal antecedents. The petitioners are aged about 24 years and 22 years respectively. Continued detention of the petitioners in custody amongst hardcore criminals would have adverse impact on their career. The trial in the case is yet to - 7 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 commence. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail is to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners - accused Nos.1 and 2 are directed to be enlarged on bail in S.C. No.7 of 2025, pending before the Court of the Second Additional District and Sessions Judge at Ballari, arising out of Crime No.200 of 2024 registered by Cowlbazar Police Station, Bellary City Sub-Division, Ballari District, for the offences punishable under Sections 103(1), 109, 115(2), 351(2), 352 of BNS, 2023, subject to the following conditions: (i) The petitioners – accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the jurisdictional Court; (ii) The petitioners shall appear regularly on all the dates of hearing before the Trial Court - 8 - HC-KAR NC: 2025:KHC-D:12588 CRL.P No. 103478 of 2025 unless the Trial Court exempts their appearance for valid reasons; (iii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioners shall not involve in similar offences in future. (v) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against then is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 22