- 1 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102314 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. SHIVARAJ S/O. NITYANAND MISHRIKOTI, AGE: 27 YEARS, OCC: AUTO DRIVER, R/AT: ANAND NAGAR, BEHIND CHURCH, NEAR WATER TANK, OLD HUBBALLI, DIST. DHARWAD-580 020. 2. VINAYAK S/O. DUNDESH KOPPASGOUDAR, AGE: 24 YEARS, OCC: WILDING WORK, R/AT: ANAND NAGAR, LAST BUS STOP, OLD HUBBALLI, DIST. DHARWAD-580020. …PETITIONERS (BY SHRI GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, VIDYANAGAR POLICE STATION, HUBBALLI, DIST. DHARWAD, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SHRI ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S. 483 OF BNSS), SEEKING TO ENLARGE THE ACCUSED NO.6 AND 8/PETITIONERS ON REGULAR BAIL IN VIDYANAGAR POLICE CRIME NO.11/2025 PENDING ON THE FILE OF COURT OF I ADDL. CIVIL JUDGE AND JMFC, AT HUBBALLI IN C.C. NO.3802/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 103(1), 61(2), 126(2), 249, 190 OF BHARATIYA NAGARIK SURAKSHA SANHITA-2023, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. G.S. Mot, learned counsel for the petitioners and Sri. Abhishek Malipatil, learned HCGP for the respondent – State. 2. The petitioners – accused Nos.6 and 8 have filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) praying to enlarge them on bail in C.C. No.3802/2025 (Crime No.11/2025) on the file of the I Additional Civil Judge and JMFC, Hubballi, for the offences punishable under Sections 189(2), 191(2), 191(3), 103(1), 61(2), 126(2), 249, 190 of Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: The de facto complainant by name Parashuram lodged a complaint alleging that there was ill-will between the deceased and accused persons. Hence, all the accused persons had hatched a plan to eliminate the deceased. - 3 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 Hence, on 28.01.2025, during night hours, accused Nos.1 to 3 assaulted the deceased with knife near Unkal lake, Golden Heights Bar, Hubballi and other accused persons were involved in criminal conspiracy to eliminate the deceased. Hence, a complaint was lodged in Crime No.11/2025 for the aforesaid offences. This led to registration of an FIR and initiation of investigation. 4. During the course of investigation, accused Nos.1 to 3 were arrested and after interrogation, the names of other accused persons were revealed on 30.01.2025 accused No.4 was arrested and his voluntary statement was recorded, wherein he revealed the names of accused Nos.6 to 8. Hence, these petitioners were arrested and in-turn they were remanded to judicial custody. 5. Learned counsel for the petitioners contended that the petitioners are innocent, have not committed any offence and have been falsely implicated in this case. There is no overt act alleged against them and nothing has been recovered from the petitioners. The only allegations against - 4 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 these petitioners were, they were involved in criminal conspiracy and assisted other accused persons in escaping from the scene of occurrence. The petitioners are ready to abide by any conditions that may be imposed by this Court. With these grounds, the learned counsel for the petitioners prayed to allow the petition. 6. Per contra, learned HCGP contended that the petitioners are involved in the offence punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 and there is prima facie case against them. If the petitioners are released on bail, they may tamper with the prosecution witnesses and hamper the trial. Considering the nature and gravity of offences, the petitioners are not entitled for bail. Hence, the learned HCGP prayed for rejection of the petition. 7. Perused the materials available on record. The investigation report clearly reveals that accused Nos.1 to 3 had assaulted the deceased with knife and these petitioners had assisted accused No.4 and made arrangements for him to secure a lodge near N.H.4, Dharwad. - 5 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 8. On perusal of the entire material on record, at this juncture, there is no material against accused Nos.6 and 8 to attract Section 302 of IPC. The main allegation is against accused Nos.1 to 3. 9. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioners, gravity of offences, severity of punishment, chances of petitioners absconding or fleeing away from justice if released on bail, character and antecedents of the petitioners tampering with prosecution witnesses, the petitioners are entitled for grant of bail. Accordingly, I proceed to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioners are ordered to be enlarged on bail in C.C. No.3802/2025 (Crime No.11/2025) on the file of the I Additional Civil Judge and JMFC, Hubballi, on they executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC-D:8832 CRL.P No. 102314 of 2025 [iii] The petitioners shall not tamper with the prosecution witnesses. [iv] The petitioners shall appear before the Court regularly. [v] The petitioners shall not commit any offence during the pendency of the trial, including any offence similar to the one alleged. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 30