- 1 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103208 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. MURAD S/O AMEERJAN BEPARI, AGE. 29 YEARS, OCC. TEA VENDING, R/O. MANTUR ROAD, ARALIKATTI COLONY, HUBBALLI-580 009. 2. ZAKIR S/O IBRAHIM SHEKH, AGE. 26 YEARS, OCC. STATIONERY BUSINESS, R/O. MANTOR ROAD, HUBBALLI-580 009. 3. ISAQ S/O RAJESAB BEPARI, AGE. 26 YEARS, OCC. BALOON BUSINESS, R/O. MANTOOR ROAD, ARALIKATTI COLONY, HUBBALLI-580 009. 4. NAROTTAMSINGH S/O RAJASINGH BADOORIYA, AGE. 24 YEARS, OCC. POP WORK, R/O MANTOR ROAD, ARALIKATTI COLONY, HUBBALLI-580 009. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 5. MAJID S/O JAFARSAB BEPARI, AGE. 24 YEARS, OCC. HOTEL BUSINESS, R/O MANTOR ROAD, ARALIKATTI COLONY, HUBBALLI-580 009. … PETITIONERS (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH TOWN POLICE STATION HUBBALLI), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580 001. … 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 ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.4, 7, 8, 16 AND 18 ON REGULAR BAIL IN CRIME NO.96/2025 REGISTERED IN TOWN P.S. HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 109(1), 190 OF BNS, SECTION 27(1) OF ARMS ACT, PENDING INVESTIGATION OF THE CASE BEFORE IST JMFC COURT, HUBBALLI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.4, 7, 8, 16 and 18 in Crime No.96 of 2025 registered by Hubballi Town Police Station, Hubballi Dharwad City for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 109(1), 190 of BNS, 2023 and Section 27(1) of Arms Act, are before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.96 of 2025 was registered by Hubballi Town Police Station, Hubballi Dharwad City for the aforesaid offences against Jilani Nadaf and others based on the first information dated 09.07.2025 received from Manjunath Gayakawad, who is one of the injured victims in the present case. During the course of investigation, petitioner No.1 / accused No.4 was arrested on 11.07.2025. The other petitioners were all arrested on 10.07.2025. - 4 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 Subsequently, the arrested accused were remanded to judicial custody and their regular bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.5438/2025 was rejected on 04.08.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that the accused persons and the victims in the present case have an ill-will against each other. In the alleged incident that had taken place on 09.07.2025 at about 14:30 hours, allegation of assaulting the first informant and another, who are the victims in the present case with weapons is as against accused No.1 – Jilani Nadaf and accused No.5 – Sameer Bepari. So far as the other accused are concerned, allegation against them is that they had assaulted the victims with their hands and legs. Undisputedly, the petitioners herein, who are arrayed as accused Nos.4, 7, 8, 16 and 18 in the present case do not have any criminal antecedents. They are in custody in the present case for the last more than one month. It is brought - 5 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 to the notice of this Court that there is a case and counter case in respect of the same incident that had taken place on 09.07.2025 which is registered in Crime No.96 of 2025 and Crime No.97/2025 by the very same Police. Under these circumstances, the following: ORDER Criminal petition is allowed. Petitioners are directed to be enlarged on bail in Crime No.96 of 2025 registered by Hubballi Town Police Station, Hubballi Dharwad City for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 126(2), 109(1), 190 of BNS, 2023 and Section 27(1) of Arms Act, subject to the following conditions: i. The petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties 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 unless - 6 - HC-KAR NC: 2025:KHC-D:10860 CRL.P No. 103208 of 2025 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; Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 37