- 1 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102891 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. HULAGAPPA HOSAPETE @ HULIGESH S/O. MAYAPPA, AGE. 49 YEARS, OCC. LABOUR, R/O. WARD NO.27, HARIJANA WARD, GANGAVATHI, DIST. KOPPAL-583 231. 2. SANNA HULAGAPPA HOSAPETE @ HULAGAPPA S/O. HANUMANTHAPPA KARADI, AGE. 60 YEARS, OCC. MESON WORK, R/O. WARD NO.27, HARIJANA WARD, GANGAVATHI, DIST. KOPPAL-583 231. 3. MANJUNATH @ MANJUNATH KARADI S/O. HULAGAPPA HOSAPETE, AGE. 25 YEARS, OCC. NURSING STUDENT, R/O. WARD NO.27, HARIJANA WARD, GANGAVATHI, DIST. KOPPAL-583 231. … PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 AND: THE STATE OF KARNATAKA, THROUGH SUB-INSPECTOR OF POLICE, GANGAVATHI TOWN POLICE STATION, KOPPAL, DIST. DHARWAD, R/BY THE STATE PUBLIC PROSECUTION, HIGH COURT OF KARNATAKA, DHARWAD BENCH. … 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, 3 AND 4 ON BAIL IN CRIME NO.130/2025 OF GANGAVATHI TOWN P.S. FOR OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(3) R/W SECTION 190 OF BNSS ACT, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, GANGAVATHI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1, 3 and 4 in Crime No.130 of 2025, registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(3) and 190 of the Bharatiya Nyaya Sanhita 2023 (BNS 2023) are before this Court in this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.130 of 2025 was registered by Gangavathi Town Police Station, Koppal against Huligesh Hopsete and 4 others based on the first information dated 21.06.2025 received from Hulugappa Hampi, father of the injured Lingaraj. During the course of investigation, petitioners herein who are arrayed as accused Nos.1, 3 and 4 in the FIR were arrested on 21.06.2025 and their bail application filed before the Jurisdictional Sessions - 4 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 Court in Criminal Misc.No.161 of 2025 was rejected on 07.07.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that the family of the accused and the family of the injured victim are residing in adjacent houses. It appears that there is some civil dispute between them and the incident in question has taken place in the background of the said dispute. In the alleged incident that had taken place on 21.06.2025 at about 19 hours, allegation of assaulting injured Lingaraj with a sized stone is found as against accused No.2, who is already arrested and remanded to judicial custody. So far as the petitioners herein are concerned, who are arrayed as accused Nos.1, 3 and 4 in the FIR, it is alleged that they had abused the first informant and also had assaulted him with their hands. Undisputedly, petitioners have no other criminal antecedent. Petitioner No.1 is said to be an agricultural labourer and the petitioner No.2 is said to be a Mason by avocation. Petitioner No.3 is said to be a Nursing Student. - 5 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 They are in custody from 21.06.2025 onwards. Major portion of the investigation in the case is completed. The injured victim has been discharged from the hospital and his condition is said to be stable. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioners are directed to be enlarged on bail in Crime No.130 of 2025, registered by Gangavathi Town Police Station, Koppal for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(3) and 190 of the Bharatiya Nyaya Sanhita 2023, subject to the following conditions: 1. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC-D:9904 CRL.P No. 102891 of 2025 2. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; 3. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioners shall not involve in similar offences in future; 5. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 26