- 1 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 103761 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: KIRAN MAHADEVAPPA MADAR AGED ABOUT 24 YEARS, OCC: AGRICULTURE R/O MARADAGI TALUK AND DIST: DHARWAD. … PETITIONER (BY SRI A VEERANNA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH DHARWAD RURAL POLICE STATION, DHARWAD SUB DIVISION, DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, AT. DHARWAD. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON BAIL IN DHARWAD RURAL P.S. CRIME NO.244/2024 REGISTERED FOR THE ALLEGED OFFENCES U/S 109, 118(1), 118(2), 351(3) OF BNS, ON THE FILE OF IV ADDL.SENIOR CIVIL JUDGE AND JMFC COURT DHARWAD. MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.10 11:23:41 +0530 - 2 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER This petition is filed under Section 439 of Criminal Procedure Code (for short, ‘Cr.PC’) for grant of regular bail in Crime no.244/2024 by Dharwad Rural Police Station for offences punishable under Sections 109, 118(1), 118(2), 351(3) of Bharatiya Nyaya Sanhita 2023 (‘BNS’, for short). 2. Sri A.Veeranna, learned counsel for petitioner submitted as per prosecution, complainant – Krishnappa Madar stated though he was residing with wife and children in a tenanted house at Mundgod, due to marital discord, he was temporarily staying at his native place Maradagi village. And at 10.00 p.m. on 08.11.2024, when he was near bus stand speaking with Yallappa and Dyamanna, Kiran Madar – petitioner came there on his motorcycle bearing No.KA-25/HK- 5751 and offered to drop complainant to his house. When complainant went with him and asked to be dropped near his house, petitioner told him that he had brought drinks and cigarette and asked him to finish them together and took him - 3 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 near land of Koppadavar. And despite refusal, he forced complainant to drink. At around 11.00 p.m. when complainant was urinating, petitioner assaulted him with glass bottle on back of his head. After he fell down, he assaulted with knife on his left shoulder and on his body. Thereafter he sat on his stomach and threatened to kill him. He also stated that as he intended, he would kill him and in case he survived, he would kill his family members one by one even after he came out from jail. Thereafter he rode away on his motorcycle. It was further stated that complainant somehow reached home, to be taken to District Hospital at Dharwad by his mother and brother. Thereafter, he was taken to KMCRI. It was stated that due to injuries on his neck, he was not able to speak clearly and therefore there was delay in filing complaint. It was submitted said complaint was registered as Crime no.244/2024 for offences punishable under Sections 109, 118(1), 118(2), 351(3) of BNS. 3. It was submitted, even as per complainant, petitioner as well as complainant had consumed alcohol. Further, complainant had not disclosed any motive for commission of offences by petitioner, which was essential - 4 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 ingredient to constitute offence of attempt to murder. It was further submitted, Medical Examination reports would not disclose any severe or serious injuries, thereby falsifying allegations. It was further submitted petitioner was law abiding citizen without any criminal antecedents and was falsely implicated. It was submitted he had movable and immovable properties and was unlikely to flee justice. It was further submitted none of offences alleged were punishable with death or imprisonment for life. It was submitted petitioner was only bread earner with dependant old aged parents, wife and children. It was submitted, petitioner was arrested on 12.11.2024 and was in custody since then. In meanwhile, charge sheet was filed on 28.12.2024. Therefore, investigation was completed and there was no further need for custodial interrogation. In light of above, petitioner prayed for granting bail by imposing any conditions, which would be abided. 4. On other hand, Sri Jairam Siddi, learned HCGP for respondent on other hand opposed petition. It was submitted offences alleged were serious and heinous. Medical examination report showed several injuries which would corroborate contents of complaint. It was further submitted, in - 5 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 complaint/FIR, there were specific overt-acts alleged against petitioner and complainant was injured victim himself. It was further submitted, as per complaint, petitioner had threatened harm not only to complainant but also to his family members. Therefore petitioner did not deserve bail. 5. Heard learned counsel. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail with conditions?” 6. From above, prosecution case against petitioner is that he took complainant to an isolated place at night, forced him to consume alcohol and assaulted him with glass bottle on back of his head and thereafter with knife by threatening to kill him and his family members one by one. 7. Though in charge sheet, it is alleged old enmity between petitioner and complainant is alleged, same is not stated in complaint. Hence prima facie view would indicate absence of motive, which would be one of essential ingredients to substantiate offences against petitioner. - 6 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 8. Moreover, nature of injuries shown in Medical Examination report are described as ‘simple’. Admittedly, charge sheet is filed wherein 23 witnesses are cited and conclusion of trial was likely to be delayed. 9. It is settled law that purpose of bail was not to punish under trial but to secure presence of accused during trial. It is also settled legal principle that bail is the rule and jail was an exception as there would be presumption about innocence of accused until conviction. Petitioner is having landed properties with family and is unlikely to flee justice. There are no allegations of any criminal antecedents. Under above circumstances, point for consideration is answered in affirmative. 10. Hence, this: ORDER Petition is allowed. Petitioner/accused is released on bail in Crime no.244/2024 of Dharwad Rural Police Station for offences punishable under Sections 109, 118(1), 118(2), 351(3) of BNS, subject to following conditions: - 7 - NC: 2025:KHC-D:363 CRL.P No. 103761 of 2024 a) Petitioner/accused shall execute a personal bond for a sum of Rs.50,000/- with two sureties for likesum to satisfaction of Court. b) He shall make himself available for purpose of investigation as and when required and co- operate with investigation. c) He shall not leave jurisdiction of Dharwad and Karwar Districts without prior permission. d) He shall not threaten or tamper with any prosecution witnesses either directly or indirectly. e) He shall not indulge in any criminal activities. f) He shall be regular in attending Court proceedings. g) He shall forthwith inform any change of his residence to Investigating Officer. h) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE GRD List No.: 1 Sl No.: 26