- 1 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102252 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SRI. HRATIK S/O. SADASHIVA PAWALE, AGE: 25 YEARS, OCC: SERVICE, R/O. MAHADEV GALLI, NIPPANI, TQ. NIPPANI, DIST. BELAGAVI. …PETITIONER (BY SHRI NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY NIPPANI TOWN P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001 …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO GRANT THE PETITIONER/ACCUSED NO.9 ON REGULAR BAIL IN THE CRIME NO.61/2024 OF NIPPANI TOWN PS, REGISTERED FOR THE OFFENCES PUNISHABLE U/S. 189(2), 191(2), 191(3), 61(2) (A), 103, 238, 190, 49, R/W. 3(5) OF BNS, PENDING ON THE FILE OF 7TH ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI IN S.C. NO.5002/2025, 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:8309 CRL.P No. 102252 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Neelendra D. Gunde, learned counsel for the petitioner and Smt.Kirtilata Patil, learned HCGP for respondent-State. 2. The petitioner-accused No.9 has filed this petition under Section 483 of BNSS-2023 (439 of Cr.P.C.) to enlarge him on bail in Crime No.61/2024 (S.C.No.5002/2025 pending on the file of 7th Addl. District and Sessions Judge Belagavi sitting at Chikkodi) of Nippani Police, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(A), 103, 238, 190, 49 R/W 3(5) of of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case are as under: On 02.10.2024 at around 08:20 p.m., near Jalakumba, Nippani, while the first informant, his brother, and others were gathered to prepare for the birthday - 3 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 celebration of their friend Ayaz Hasan Exambe (CW-22), accused Nos.1 to 5 and others formed an unlawful assembly. In furtherance of their common object, held with deadly weapons to quarrel with the first informant, his brother and others with an intention to cause murder, thereby assaulted the first informant, his brother and friend Praveen on head. Thereby committed the murder of Ashraf Ali (brother of the first informant), who succumbed to the injuries at hospital. Hence, first informant lodged a complaint and this led to registration of FIR and initiation of investigation. 4. The learned counsel for the petitioner submitted that the petitioner–accused No.9 has been falsely implicated in the present case and is innocent. The petitioner’s name does not appear in the First Information Report, and none of the eyewitnesses to the incident have mentioned the name of the petitioner. Therefore, custodial interrogation of the petitioner is not necessary. It is further submitted that the petitioner is employed as an - 4 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 insurance agent with Bajaj Finance and is willing to comply with any conditions imposed by this Court. Hence, the learned counsel prays for grant of bail. 5. Per contra, the learned HCGP opposed the petition, contending that the petitioner is involved in a heinous offence punishable under Section 302 of IPC. There is prima facie material indicating the petitioner’s involvement. The alleged offence stems from a rivalry between two groups, which led to the murder of Ashraf Ali, who was the brother of the first informant. The prosecution further submits that if the petitioner is released on bail, he may tamper with the prosecution witnesses and obstruct the investigation. Accordingly, the learned HCGP prays for dismissal of the bail petition. 6. Perused the materials available on record. According to the charge sheet, the allegations are specifically directed against accused Nos.1 to 5 and 7, who are said to have assaulted the deceased, Ashraf Ali, with a - 5 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 talwar, causing grievous injuries, which led to his death. The charge sheet further reveals that accused Nos.6, 8, 9, 10, and 11 were merely present at the scene of offence and were watching the incident. At this stage, prima facie, the offence under Section 302 IPC does not appear to be attracted against accused No.9. Moreover, the investigation is now complete, and custodial interrogation of the petitioner is not warranted, especially since his name does not feature in the FIR or in the statements of CWs.1, 10, and 15 recorded under Section 164 of Cr.P.C. by the learned Magistrate. It is also noted that the petitioner is not a habitual offender, and no recovery has been made at his instance by the Investigating Officer. 7. It is a well-settled principle of law that, while considering a bail application, the Court must evaluate the nature and gravity of the offence, the circumstances under which it was committed, the position and status of the accused, the likelihood of the accused fleeing from justice, repeating the offence, or tampering with witnesses, as well - 6 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 as the character and antecedents of the accused. Further, it is also established that while disposing of a bail petition, the Court is not required to conduct a detailed examination of the prosecution’s evidence or hold a mini trial. 8. Taking into account all the above factors and upon a careful perusal of the materials on record, this Court is of the considered opinion that this is a fit case for grant of bail. Accordingly, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner / accused No.9 is ordered to be enlarged on bail in Crime No.61/2024 of Nippani Town Police registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(A), 103, 238, 190, 49 R/W 3(5) of BNS-2023, on the following conditions: (i) The petitioner-accused No.9 shall execute a personal bond in a sum of Rs.2,00,000/- - 7 - HC-KAR NC: 2025:KHC-D:8309 CRL.P No. 102252 of 2025 with two sureties for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses directly or indirectly. (iii) The petitioner shall attend the jurisdictional Court regularly without fail. (iv) The petitioner shall not involve in the similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE HMB / CT-AN List No.: 1 Sl No.: 37