- 1 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104503 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. MITHUN S/O. KUPPAYYA NAIK, AGE. 27 YEARS, OCC. ROOM BOY, R/O. KEREHITLA, KONAR, TQ. BHATKAL, UTTARA KANNADA. 2. SURYA S/O. NARAYAN NAIK, AGE. 32 YEARS, OCC. DRIVER, R/O. JANATA COLONY, MAVALI-01, MURUDESHWAR, TQ. BHATKAL, U.K. …PETITIONERS (BY SRI. GIRISH V.BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA, BY MURDESHWAR POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND GRANT BAIL, ORDERING TO RELEASE THE PETITIONERS (ACCUSED NO.3 AND 8) ON BAIL IN MURUDESHWARA P.S. CRIME NO.97/2025 REGISTERED ON 20.08.2025, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 115(2), 118(2), 190, 191(2), 189(2), 352 OF BNS AND 25(1B) (B) OF INDIAN ARMS ACT, 1959, PENDING ON THE SENIOR CIVIL JUDGE AND JMFC COURT, BHATKAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 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) The petitioner who are arrayed as accused Nos. 3 and 8 are before this Court seeking for regular bail in Crime No.97/2025 of respondent/Police for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(2), 352 and 190 of Bharatiya Nyaya Sanhita, 20231, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal. The factual matrix of the case; 2. The complainant was doing a business of booking rooms for the Tourists at Murudeshwar. The accused No.1 was also doing same business. There was a rivalry between two groups in respect of same issues. On 20.08.2025 in the midnight at about 12:30 am, when the complainant was at 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 Murudeshwar Temple Road, when he was proceeding near the Indraprasta Hotel, the accused persons formed unlawful assembly with a common object to quarrel with the complainant, the accused No.1 abused him in a filthy language and assaulted him by hands. In the meantime, the complainant pushed the accused No.1. Being aggrieved by the said act, accused No.1 with an intention to kill him, assaulted him with sickle on the back side of his head and on his right shoulder and caused grievous injuries. The accused No.2 assaulted the complainant with stick on the right leg and caused internal injury and rest of the accused have assaulted the complainant with hands and legs etc.,. Hence, the complaint came to be registered. Upon the complaint, the respondent/Police registered a case. The investigation is under progress. The petitioners are in Judicial Custody. 3. The submission of the learned counsel for the petitioners is that, the petitioners are innocent of the alleged offences and he has been falsely implicated in this - 4 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 case. Even assuming that the overt-acts of these petitioners that they had assaulted the complainant with hands and legs, that would not attract the ingredients of Section 109 of BNS, 2023. Therefore, they may be enlarged on bail by imposing suitable conditions. Making such submissions the learned counsel for the petitioners prays to allow the petition. 4. Per contra, the learned High Court Government Pleader vehemently submitted that, the accused persons in furtherance of common intention in order to commit murder, assaulted the complainant with lethal weapon like sickle and stick and caused injuries on the vital parts of the body. Therefore, they are not entitled for the relief as prayed for. 5. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the accused Nos.1 and 2 are stated to have assaulted the complainant with stick and sickle. However, the present petitioners who - 5 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 are arrayed as accused Nos.3 and 8 are stated to have assaulted with hands and legs. Having considered the overt- act of these petitioners, it is appropriate to grant bail by imposing suitable conditions. 6. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioners are ordered to be enlarged on bail in Crime No.97/2025 of Murudeshwar Police Station for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(2), 352 and 190 of BNS, 2023, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal, by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] each with one surety each to the satisfaction of the Trial Court subject to following conditions; - 6 - HC-KAR NC: 2025:KHC-D:15876 CRL.P No. 104503 of 2025 a) The petitioners shall appear before the Trial Court on all hearing dates without fail. b) The petitioners shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioners shall cooperate with the investigation till filing of the final report. d) The petitioners shall not leave the jurisdiction till filing of the charge- sheet. In case, if the petitioners violates 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 PJ/CT: UMD/ List No.: 1 Sl No.: 10