- 1 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104094 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SANTOSH MADAR, AGE. 32 YEARS, OCC. NIL, R/O. NAVALGATTI VILLAGE, BAILHONGAL, DIST. BELAGAVI, PIN CODE-581105. 2. KUMAR S/O. CHANDRAYA GANACHARI, AGE. 26 YEARS, OCC. NIL, R/O. CHACHADI VILLAGE, TAL. SAVADATTI, DIST. BELAGAVI, PIN CODE-591126. 3. DEEPAK S/O. MALLIKARJUN BAGIHALLI, AGE. 23 YEARS, OCC. NIL, R/O. 1070 KOTAMBARI GALLI, BAILHONGAL, DIST. BELAGAVI, PIN CODE-581105. 4. RAKESH S/O. SHRISAL ANGADI, AGE. 23 YEARS, OCC. NIL, R/O. AMBAGATTI VILLAGE, BAILHONGAL, DIST. BELAGAVI, PIN CODE-581105. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 5. VINAYAK S/O. BASAPPA SHINGANAHALLI, AGE. 20 YEARS, OCC. NIL, R/O. AMBAGATTI VILLAGE, BAILHONGAL, DIST. BELAGAVI, PIN CODE-581105. …PETITIONERS (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BAILHONGAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT A REGULAR BAIL TO THE PETITIONERS/ ACCUSED NO.1 TO 5 IN BAILHONGAL POLICE STATION IN CRIME NO.179/2025 DATED 10/8/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 109(1), 118(2), 118(1), 115(2), 115(1), 352, 351(2), 190, OF THE BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DV) AND J.M.F.C, COURT BAILHONGAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners are before this Court seeking regular bail in Crime No.179/2025 of respondent/Police for the offence punishable under Sections 189(2), 191(2), 109(1), 118(2), 118(1), 115(2), 115(1), 352, 351(2) and 190 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; It is the case of the prosecution that, the complainant lodged a complaint on 10.08.2025 while he was taking treatment in the Hospital. The respondent/Police registered a case in Crime No.179/2025 for the offences stated supra. On 09.08.2025 around about 7:15 pm, the complainant was in Green Garden Hotel, he had received an order of popcorn parcel. After having received the same, he went near the Green Garden Hotel. At that time, in the said hotel, Mahesh was assaulting his relative. The accused No.1 asked the said Mahesh as to why he was assaulting Satish. The said 1 For short ‘BNS, 2023’ - 4 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 Mahesh replied that, he was assaulting his relative in order to get his ways to be mended. Accused No.1 on receiving the said information from Mahesh started assaulting the said Mahesh and caused injuries to him. The complaint was lodged by the complainant, the respondent/Police have registered a case and the investigation is under progress. 3. The submission of the learned counsel for the petitioners is that, one of the petitioners has filed a case against the complainant and others and the same is registered in Crime No.180/2025. 4. It is further submitted that injured was discharged from the Hospital on 10.08.2025. The petitioners are innocent of the alleged offences and there are no antecedents against these petitioners. Moreover, they are the earning members of their respective families. Therefore, it is appropriate to enlarge them on bail. 5. Per contra, the learned High Court Government Pleader vehemently submitted that, the petitioners have assaulted with Beer Bottle and using lethal weapons and - 5 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 also caused injuries to the complainant. The petitioners are belonging to a group of particular Association. If they are enlarged on bail, there may be chances of committing similar offences. Therefore, it is not appropriate to grant them bail. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the complainant had been to Green Garden Hotel to get the parcel order. At that time, Mahesh was assaulting Satish on flimsy grounds. The accused No.1 and others interfered with the said quarrel and asked the Mahesh as to why he was assaulting the Satish. 7. It is stated in the complaint that there was an altercation took place between the accused and the complainant. In the said scuffle, the complainant is said to have sustained bleeding injuries and he was hospitalized and thereafter, he got discharged from the Hospital. - 6 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 8. Having considered the nature and gravity of offence, it is appropriate to enlarge them on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, it is appropriate to allow the petition. 9. 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 Crime No.179/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] each with 1 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; - 7 - HC-KAR NC: 2025:KHC-D:14792 CRL.P No. 104094 of 2025 a) The petitioners shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioners shall not threaten the prosecution witnesses. c) The petitioners shall appear before the Trial Court on all hearing dates. d) The petitioners shall co-operate with the investigation as and when required till filing of the charge-sheet. In case, if the petitioners violate any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 16