- 1 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 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. 102961 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. ABHISHEK S/O. DYAMANNA VAJJANAVAR, AGE. 21 YEARS, OCC. FRUITS SELLER, R/O. JAGADISH NAGAR, HEGGERI, OLD HUBBALLI, HUBBALLI-580 024. … PETITIONER (BY SMT. ANUSHA V. SANGAMI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBBALLI RURAL POLICE STATION, HUBBALLI, DIST. DHARWAD, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 008. … 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 ENLARGE THE PETITIONER/ACCUSED ON BAIL WHO IS ARRAYED AND ARRESTED AS ACCUSED IN CRIME NO.158/2025 OF HUBBALLI RURAL POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 109 OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF JMFC-II COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused in Crime No.158 of 2025 registered by Hubli Rural Police Station, Dharwad for offence punishable under Section 109 of the Bharatiya Nyaya Sanhita 2023 (BNS 2023) is before this Court 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.158 was registered by Hubli Rural Police Station, Dharwad for the aforesaid offence against the petitioner based on the first information dated 16.06.2025 received from Sahadev Gulappa Koudi, father of injured victim Avinash Sahadev Koudi. During the course of investigation of the case, petitioner herein was arrested on 17.06.2025. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.5401/2025 was rejected on 11.07.2024. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 of 2025 4. Perusal of the material on record would go to show that on 15.06.2025, petitioner, victim and their friends attended a party and when the victim returned home, it was found that he had suffered an injury on his stomach and after taking treatment in the hospital he had come home. On enquiry by the first informant, the injured victim had informed him that he had a fall near the gate and as a result he had suffered injury. Subsequently the victim started vomiting and therefore he was shifted to hospital and when the friends of the victim were enquired by the first informant, they allegedly informed him that petitioner had stabbed the victim. It is under these circumstances, the FIR was registered in Crime No.158 of 2025 against the petitioner based on the first information submitted by the father of the victim on 16.06.2025 at about 22.10 hours. 5. The alleged incident had taken place on 15.06.2025 at about 06.16 hours. The material on record would go to show that after the petitioner, victim and their - 4 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 of 2025 friends had partied, it appears that victim had spoken ill of the petitioner's mother and therefore the petitioner had stabbed him with a knife which was kept for the purpose of cutting the vegetables. 6. Undisputedly, the petitioner has no other criminal antecedents. The injured victim, who was admitted in the hospital, has been discharged on 26.06.2025. His condition is said to be stable. Major portion of the investigation is completed. Even in the hospital, where the victim was initially treated, the history of injury was given as fall over the gate and subsequently it was changed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.158 of 2025 registered by - 5 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 of 2025 Hubli Rural Police Station, Dharwad for offence punishable under Section 109 of the Bharatiya Nyaya Sanhita 2023, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC-D:9906 CRL.P No. 102961 of 2025 4. The petitioner shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 30