- 1 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.102870 OF 2024 [439(CR.PC)/483(BNSS)] BETWEEN: SACHIN S/O. MOHAN BAJANTRI, AGE: 20 YEARS, OCC. LABOURER, R/O. VIJAYAPURA, NOW RESIDING AT SAVALGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587301. … PETITIONER (BY SRI JAGADISH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH SAVALGI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-08. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C. (U/SEC. 483 OF BNSS) SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED MAY BE ENLARGED ON BAIL IN CONNECTION WITH SAVALGI POLICE STATION CRIME NO.71/2024 DATED 02.07.2024 FOR THE OFFENCES PUNISHABLE U/SEC. 109(1), 351(2), 352, 74 OF BNS 2023, WITH RESPECT TO THE PETITIONER/ACCUSED. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 06.02.2025, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY THE COURT, MADE THE FOLLOWING: BHARATHI H M Digitally signed by BHARATHI H M Date: 2025.02.12 14:18:13 +0530 - 2 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 CAV ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) for grant of regular bail in Crime no.71/2024 by Savalagi Police Station for offences punishable under Sections 109 (1), 351 (2), 352 and 74 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’) by accused no.1 (petitioner). 2. Sri Jagadish Patil, learned counsel for petitioner submitted, case of prosecution was that Smt.Geetha filed complaint on 02.07.2024 stating that she was married to Shivanand 17 years earlier and they had two children. Due to differences between complainant and her husband, she went back to her maternal home at Savalagi along with her children and residing with her mother and brother Siddappa. Further, her father had four sons and four daughters. Her sister married to Mohan Bajantri of Vijaypura and who had three children were also residing same village. Her brother Siddappa (victim) was appointed in Police Department and working at Bangalore, he had shifted to Bangalore. It was decided before elders that complainant’s brother ‘Siddappa’ should marry complainant’s - 3 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 sister’s daughter ‘Sanjana’. But he had refused as she was still very young and he later married Saraswathi, working in police department and they had 5 months male child. But this had upset Sachin (Petitioner) - Sanjana’s brother, which was aggravated when Siddappa did not let his house to them. And in a quarrel between them, petitioner had threatened to murder him. 3. With above background, on 25.06.2024 victim and his wife had come to complainant’s house. In meanwhile, Sanjana got engaged to Anil Bajantri and date of their marriage as 12.07.2024 was also fixed. For said purposes, complainant and others went for shopping at Vijayapura and returned. Due to grudge against victim who had accompanied them, petitioner did not go. 4. But at about 10:30 p.m. on 01.07.2024, when complainant, victim, his wife Saraswati and mother Neelawwa were having dinner petitioner came there with knife expressing his anger against victim assaulted him inflicting grievous injuries on his left forehead. Hearing complainant’s cry, neighbours arrived, snatched knife away and detained petitioner. As victim fell down with injuries, he was taken to - 4 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 Hospital for treatment. As petitioner also had suffered minor injuries, he was also taken to same hospital. Alleging that with grudge against victim for not marrying his sister and for not letting his house, petitioner had developed assaulted victim to murder him, complaint was filed. Based on same, Crime no.71/2024 registered by Savalagi Police Station for above said offences. 5. It was submitted, admittedly, incident was between relatives wherein petitioner was also injured. Therefore, there was possibility of false implication of petitioner in order to protect victim who was police officer. It was further submitted, even though injuries sustained by victim were not on any vital organs or severe, offences alleged namely attempt to murder would indicate exaggeration rendering entire complaint suspect. It was further submitted, petitioner was earning livelihood working as coolie and his family members were dependant on him. In case he was continued in custody, his family members would also be affected. Petitioner was arrested on 05.07.2024, in meanwhile charge-sheet was filed on 20.09.2024, petitioner would not be required for any custodial interrogation. On above grounds, sought for allowing petition by imposing conditions. - 5 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 6. On other hand, Sri Jairam Siddi, learned HCGP for respondent-State sought to oppose petition. It was submitted, there is serious allegation against petitioner about causing grievous injuries to victim. It was submitted, wound certificate obtained by Investigating Officer (IO) would indicate injury sustained by victim as CLW on forehead and opined by Doctor as grievous. It was further submitted, there were other eyewitnesses apart from injured victim. Apart from above, it was submitted, petitioner was earlier involved in another offence. Therefore, in case of release on bail, there was high probability about his committing similar offences. On above grounds sought for rejection of petition. 7. In reply, learned counsel for petitioner submitted merely on ground of criminal antecedents, bail petition cannot be rejected by relying upon ratio in Prabhakar Tewari v. State of U.P. and Another reported in (2020) 11 SCC 648. 8. Heard learned counsel and perused material on record. 9. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail on conditions?” - 6 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 10. This petition is by sole accused seeking for grant of regular bail in Crime no.71/2024 by Savalagi Police Station for offences punishable under Sections 109 (1), 351 (2), 352 and 74 of BNS. Offence of attempt to murder under Section 109 (1) of BNS is punishable with imprisonment for upto 10 years, likewise offence of criminal intimidation and insult intended to provocation of peace under Sections 351(2) and 352 of BNS are punishable with imprisonment for upto 2 years and offence of assault or use of criminal force on woman with intention to outrage her modesty under Section 74 of BNS is punishable with imprisonment for upto 1 year extendable to 5 years. 11. Thus, except offence of attempt to murder, other offences alleged are not heinous punishable with death or imprisonment for life. As per complaint averments and wound certificate, petitioner is alleged to have caused injuries in furtherance of attempt to murder with a meat knife by hitting victim on left side of forehead which would be vital part which if established would attract aggravated punishment of imprisonment for life. Prima facie complaint averments would appear to include all necessary ingredients to substantiate offences alleged. Though possibility of false implication of petitioner for severe offences even when injuries sustained - 7 - NC: 2025:KHC-D:2686 CRL.P No. 102870 of 2024 were non-grievous thereby raising doubt about entire prosecution case is urged, it would not be appropriate to give such findings in bail application. 12. Further, even ground that investigation was completed and charge-sheet filed, therefore there would be no need for any further custodial interrogation would not hold good as offences alleged are heinous and punishable with imprisonment for life. Moreover, as apart from injured victim himself, there are other eyewitnesses. For said reasons, point for consideration is answered in negative. Hence following: ORDER Petition is dismissed. SD/- (RAVI V.HOSMANI) JUDGE EM,RH CT:PA LIST NO.: 1 SL NO.: 50