- 1 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 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.104100 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. ASLAM S/O. KHAJA HUSSAIN, AGE. 35 YEARS, OCC. WELDING WORK, R/O. NEAR DODDA MARKET, KOLMI CHOCK, TQ. DIST. BALLARI-583101. 2. IMRAN @ MOHAMMED IMRAN S/O. MEHABOOB BASHA, AGE. 22 YEARS, OCC. NIL, R/O. MILLERPET, GADDEKELEGE, TQ. DIST. BALLARI-583101. 3. MOHAMMED GHOUSE @ GHOUS S/O. MABU, AGE. 27 YEARS, OCC. WELDING WORK, R/O. MILLERPET, TQ. DIST. BALLARI-583101. 4. ANSAR @ MOHAMMED ANSAR S/O. MEHABOOB BHASHA, AGE. 40 YEARS, R/O. MILLERPET, GADDEKELEGE, TQ. DIST. BALLARI-583101. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 5. MABASHA S/O. KHAJA HUSSAIN, AGE. 40 YEARS, OCC. CARPENTER WORK, R/O. MILLERPET, TQ. DIST. BALLARI-583101. …PETITIONERS (BY SRI. VADIRAJ P.VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BRUCEPET PS, TQ. DIST. BELLARY, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONERS/ACCUSED NOS.1 TO 5 ON REGULAR BAIL IN BRUCEPET PS CRIME NO.113/2025 AS AGAINST THE PETITIONER/ACCUSED NOS.1 TO 5 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109(1), 115(2), 118(1), 126(2), 189(2), 191(2), 191(3), 351(3), 352 READ WITH SECTION 190 OF THE BHARATIYA NYAYA SANHITA, 2023, REGISTERED BY BRUCEPET POLICE STATION, BALLARI, PENDING ON THE FILE OF THE COURT OF I ADDL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are before this Court seeking for grant of regular bail in Crime No.113/2025 of respondent- police for the offence under Sections 103(1), 309(1), 115(2), 118(1), 126(2), 189(2), 191(2), 191(3), 351(3), 352 read with Section 190 of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case: 2. The case of the prosecution is that, one Riyaz S/o. Hasan Sab lodged the complaint stating that, his daughter was in love with one Mohammed Irfan, hence, marriage was performed. Due to the said marriage, one Mabasha and his family members were having a grudge against the complainant and his family. 3. It is further stated that, on 23.06.2025 at 10.30 p.m., the complainant had invited his son-in-law for dinner. 1 For short, ‘BNS, 2023’ - 4 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 When his son-in-law was on the way to the house of the complainant, the accused persons were restrained him and assaulted him with hands and legs. The accused namely Imran assaulted Irfan with hands and also assaulted with cricket stump on his head and on different parts of the body. The other accused persons gave their fist blow to Irfan and also kicked him. As a result of which, the said Irfan fell down on the road and became unconscious. The injured-Irfan was shifted to the Trauma Care Hospital, however, he died in the said hospital. 4. Based on the complaint, the respondent-police registered a case against the petitioners for the offences stated supra. After conducting investigation, submitted the charge sheet. 5. Heard Sri. Vadiraj Petitioner Vadavi, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent – State. 6. It is the submission of the learned counsel for the petitioners that, the petitioners are the innocent of alleged - 5 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 offences and they have been falsely implicated in this case. The allegations made against the petitioners that they assaulted the deceased and committed his murder. However, the post-mortem report would indicate that the death was due to head injury. The said head injury was caused by using blunt weapon. 7. It is further stated that, the allegations made against accused No.2 that, he assaulted on the head of the deceased with cricket stump. It is further submitted that the petitioners are the earning members of their respective families and they are the permanent residents of the address shown in the cause title. Therefore, they may be enlarged on bail. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the manner in which the petitioners have assaulted the deceased would indicate the gravity of the offence. If the petitioners are enlarged on bail, there may be chances of threatening the eyewitnesses and also there may be - 6 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 chances of committing similar offence against the said witnesses also. Therefore, it is not appropriate to grant them bail. 9. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet, it appears from the records that, the petitioners on 23.06.2025 around about 10.30 p.m., when the deceased had been to the house of the complainant to have dinner, at that time, accused No.5 started quarrelling with the deceased-Irfan and other accused were started assaulting the deceased by using iron chopper, cricket stump etc. As a result of which, the deceased became unconscious and died in the hospital. 10. Be that as it may. On reading the post-mortem report, the opinion of the Doctor would indicate that ‘death is due to Coma as a result of blunt force on the head.’ 11. Having considered the averments of the complaint and also on perusal of the post-mortem report, I - 7 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 am of the considered opinion that, it is appropriate to grant them bail by imposing suitable conditions. 12. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.113/2025 of respondent-police for the offence under Sections 103(1), 309(1), 115(2), 118(1), 126(2), 189(2), 191(2), 191(3), 351(3), 352 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2025:KHC-D:15878 CRL.P No. 104100 of 2025 (iv) The petitioners shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioners shall appear before the Trial Court on all hearing dates without fail. (iv) The petitioners shall not commit any criminal cases till disposal of the case. 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 SMM/CT: UMD List No.: 1 Sl No.: 38