- 1 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104774 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAMASIDDA @ RAMESH S/O. MARUTI TOIL, AGE. 24 YEARS, OCC. COOLIE/CENTERING WORK, R/O. UPPAR GALLI, GOKAK TALUK, GOKAK, BELAGAVI DISTRICT-591308. …PETITIONER (BY SRI. KIRANKUMAR S.CHATTIMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS GHATAPRABHA POLICE STATION, REPRESENTED BY HCGP, HCK, DHARWAD. DHARWAD BENCH-11. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, GRANT REGULAR BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.1 IN C.C.NO.6169/ON THE FILE OF THE ADDL. CIVIL (JR.DN) JUDGE AND JMFC, GOKAK ARISING OUT OF GHATAPRABHA P.S. CRIME NO.137/2025 DATED 14.07.2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 190(1), 352, 326(F), 109(1), 118(2), 119, 351(2) OF BNS 2023 IN THE ABOVE CASE, IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.137/2025 of respondent- police for the offence under Sections 189(2), 191(2), 191(3), 190(1), 352, 326(f), 109(1), 118(1), 119, 351(2) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, on 13.07.2025 at about 5.30 p.m., the complainant and his sister’s son namely Vishwamurthy were proceeding on motorcycle bearing its registration No.KA-49-EB-0703 to bring cloths from Arabhavi. They stopped the motorcycle near Lolasur Petrol Pump on the road, the complainant went to Pan Shop. However, Vishwamurthy was on his motorcycle. At that time, 5-6 persons in two to three motorcycle came near the Petrol Pump and surrounded the said Vishwamurthy and asked him as to why he was using - 3 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 the motorcycle of Vishal Mestri and started assaulting him by taking stone and caused head injuries. After assaulting the said Vishwamurthy, they went away from the spot by taking the motor cycle. Thereafter, the complainant and his friends shifted the injured to the Gokak Government Hospital. In the said hospital, the injured has got first aid and he has been discharged from the hospital. In the meantime, it is learnt that, the bike of which accused was taken was burnt by the accused. Hence, complaint. Based on the complaint, the respondent-police have registered the case for the offences stated supra. After conducting investigation, submitted the charge sheet. 3. Heard Sri. Kirankumar S. Chattimath, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavaa, learned High Court Government Pleader for respondent-State. 4. It is the submission of the learned counsel for the petitioner that, the petitioner and his friends have assaulted Vishwamurthy, who is injured in this case with stone. - 4 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 However, no specific overt-act is attributed against the petitioner in the complaint. However, in the charge sheet though it is mentioned about the specific overt act, the fact remains that, the name of the present petitioner was not forthcoming in the complaint. 5. It is further submitted that, the petitioner has been falsely implicated in this case as a result of enmity between the petitioner and the complainant. The petitioner is working as coolie and he is the permanent resident of Uppar Galli, Taluk Gokak and aged about 24 years. The petitioner is the earning member of the family. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions and he will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that there is a specific overt-act which is attributed against the - 5 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 petitioner that he has assaulted Vishwamurthy. The involvement of this petitioner has been established. Moreover Section 307 of IPC is foisted against the petitioner is serious in nature. Under such circumstances, if the petitioner is enlarged on bail, there may be chances of making similar offence. Moreover, the petitioner has been involved in two more cases of similar in nature and he is having antecedents. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, though, it is alleged that the petitioner and his friend assaulted the said Vishwamurthy, the fact remains that, no specific overt-act is attributed against the petitioner. Though, the learned High Court Government Pleader submitted that the petitioner is having antecedents, the fact remains that, there may not be a ground to reject the bail. - 6 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 8. On considering the facts of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.137/2025 of respondent-police, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:18158 CRL.P No. 104774 of 2025 (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved not only to the prosecution but also to the complainant to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 7