- 1 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104501 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHEKHAR S/O. MANJUNATH NAIK, AGE. 25 YEARS, OCC. LABOURER, R/O. KANNADA SCHOOL, MURDESHWAR, TQ. BHATKAL, UTTARA KANNADA. …PETITIONER (BY SRI. GIRISH V.BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA, BY MURDESHWAR POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011, …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND GRANT BAIL, ORDERING TO RELEASE THE PETITIONER (ACCUSED NO.5) ON BAIL IN MURUDESHWARA P.S. CRIME NO.97/2025 REGISTERED ON 20.08.2025, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 115(2), 118(2), 190, 191(2), 189(2), 352 OF BNS, AND 25 (1B) (B) OF INDIAN ARMS ACT, 1959, IN PENDING THE SENIOR CIVIL JUDGE AND JMFC COURT, BHATKAL, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is arrayed as accused No.5 is before this Court seeking regular bail in Crime No.97/2025 of respondent/Police for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(2), 352 and 190 of Bharatiya Nyaya Sanhita, 20231, pending on the file of the Senior Civil Judge and JMFC Court, Bhatkal. The factual matrix of the case; 2. The complainant was doing a business of booking rooms for the Tourists at Murudeshwar. The accused No.1 was also doing same business. There was a rivalry between two groups in respect of same issues. On 20.08.2025, in the midnight at about 12:30 am, when the complainant was at Murudeshwar Temple Road and proceeding near the 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 Indraprasta Hotel, the accused persons formed unlawful assembly with a common object to quarrel with the complainant, the accused No.1 abused him in a filthy language and assaulted him by hands. The complainant has resisted it and pushed the accused No.1. Being aggrieved by the said act, accused No.1 with an intention to kill him, assaulted him with sickle on the back side of his head, on his right shoulder and caused him grievous injuries. The accused No.2 assaulted the complainant with stick on the right leg and caused internal injury. The other accused have assaulted the complainant with hands and legs etc.,. Hence, the complaint came to be registered. Upon the complaint, the respondent/Police registered a case. The investigation is under progress. The petitioner is in Judicial Custody. 3. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of alleged offences and he has been falsely implicated in this case. Even assuming that the overt-acts of this petitioner is that, - 4 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 he had assaulted the complainant with hands and legs that would not attract the ingredients of Section 109 of BNS, 2023. Therefore, he may be enlarged on bail by imposing suitable conditions. 4. Per contra, the learned High Court Government Pleader vehemently submitted that, the accused persons in furtherance of common intention and in order to commit murder, assaulted the complainant with lethal weapons like sickle and stick and caused injuries on the vital parts of the body. Therefore, they are not entitled for the relief as prayed for. 5. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the accused Nos.1 and 2 stated to have assaulted the complainant with stick and sickle. However, the present petitioner who is arrayed as accused No.5 is stated to have assaulted with hands and legs. Having considered the overt-act of the - 5 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 petitioner, it is appropriate to grant bail by imposing suitable conditions. 6. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.97/2025 of respondent/Police for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(2), 352 and 190 of BNS, 2023, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal, by executing a personal bond for a sum of ₹1,00,000/- [Rupees One Lakh only] with one surety to the satisfaction of the Trial Court subject to following conditions; - 6 - HC-KAR NC: 2025:KHC-D:15801 CRL.P No. 104501 of 2025 a) The petitioner shall appear before the Trial Court on all hearing dates without fail. b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioner shall cooperate with the investigation till filing of the final report. d) The petitioner shall not leave the jurisdiction till filing of the charge- sheet. In case, if the petitioner 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 PJ/CT: UMD, List No.: 1 Sl No.: 29