- 1 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102372 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. SRI. MAILARI @ MAILARAPPA S/O. MALLAPPA @ MALLANAGOUDA PATIL, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. KURUVINAKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD 581204. 2. SRI. BASAPPA @ BASAVARAJ @ BASAVANAGOUADA S/O. MAILARI PATIL, AGED ABOUT 21 YEARS, OCC: AGRICULTURE, R/O. KURUVINAKOPPA, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …PETITIONERS (BY SRI. G. C. BADIGER, ADVOCATE) AND: THE STATE OF KARNATAKA. R/BY ITS HIGH COURT ADDITIONAL GOVERNMENT PLEADER, BENCH AT: DHARWAD, THROUGH KALAGHATAGI POLICE STATION, TQ. KALAGHATAGI, DIST. DHARWAD-581204. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/S.483 OF BNSS), SEEKING TO ENLARGE THE PETITIONERS NO.1 AND 2/ACCUSED NO.1 & 2 ON BAIL IN KALAGHATAGI P.S. CRIME NO.315/2024 (S.C. NO.24/2025 PENDING ON FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 109(1) 118(1), 352, 351(3) R/W SECTION 3(5) OF BNS 2023, IN THE INTEREST OF JUSTICE AND ETC. 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:9085 CRL.P No. 102372 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. G.C. Badiger, learned counsel for the petitioners and Smt. Kirtilata Patil, learned HCGP for the respondent – State. 2. The petitioners – accused Nos.1 and 2 have filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) to enlarge them on bail in connection with Crime No.315/2024 of (S.C. No.24/2025 pending on the file of learned III Additional District and Sessions Judge, Dharwad) for the offences punishable under Sections 103(1), 109(1), 118(1), 352, 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: On 30.12.2024 at 04:00 p.m. at Kurvinkoppa village, there was dispute between the family of accused persons and de facto complainant in respect of flowing of water to - 3 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 the land bearing Sy. Nos.47 and 41. Thus, these petitioners took quarrel with the de facto complainant. Thereby accused No.1 assaulted the first informant with club and also assaulted CW13 on his head with club and caused bleeding injuries. Thus, his wife (deceased Anusuya Patil) intervened to pacify the quarrel and at that time, accused No.2 abused her in filthy language and stabbed her with knife on her chest at the left side and left side of the abdomen. She succumbed to the injuries. Accordingly, a complaint was lodged, which led to the registration of an FIR and initiation of investigation. During the course of investigation, these petitioners were arrested by the respondent – Police and in- turn they were remanded to judicial custody. 4. Learned counsel for the petitioners contended that the petitioners are innocent, have not committed any offence and have been falsely implicated in this case. Learned counsel for the petitioners further contended that there is a case and counter case between the parties. Accused No.1 has also sustained five injuries in the incident, the family of the de facto complainant are the also involved - 4 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 in the incident. Hence, these petitioners have been falsely implicated in the case. Now the investigation is completed and the Investigating Officer has filed the charge sheet and the matter is committed to the Court for trial. The petitioners are ready to abide by the conditions that would be imposed by this Court. With these grounds, the learned counsel for the petitioners prayed to allow the petition. 5. Per contra, learned HCGP vehemently contended that the petitioners are involved in the offence under Section 103 of Bharatiya Nagarik Suraksha Sanhita, 2023 and there is prima facie case against the petitioners. The case is based on eye witnesses theory. The de facto complainant and CW13 are injured eye witness to the incident. They have mechanically stated against the individual overt act of the petitioners herein. If the petitioners are released on bail, they may tamper with the prosecution witnesses. Thus, considering the nature and gravity of the offences, the petitioners are not entitled for bail. Accordingly, the learned HCGP prayed for rejection of the petition. - 5 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 6. Perused the entire charge sheet material. It clearly establishes that the case is based on eye witnesses. The de facto complainant and CW13 are injured eye witnesses. The de facto complainant and injured eye witnesses have categorically stated that there was dispute between the accused persons and the family of the de facto complainant with respect to flowing of water to the land bearing Sy. Nos.47 and 48 respectively at Kurvinkoppa village, and as such, on 30.12.2024 at 04:00 p.m. these petitioners took quarrel with the de facto complainant and CW11. In this regard, they assaulted the de facto complainant with the club and also caused injury on the head of CW13 with the said club. They have further stated that the wife of de facto complainant by name Ansuya Patil came to rescue of the de facto complainant and CW13 at the same time accused No.2 stabbed her with knife on her chest and abdomen. 7. As per the postmortem report, the deceased sustained stabbed wound over left side of sternum just below left clavicle 1.5 cm in length, 3 cm in breadth and about 5 - 6 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 cm in depth and injury on small intestine was seen over left iliac region elliptical wound, which measures 1.5 cm in length, 3 cm in breadth and about 5 cm in depth. 8. Further, on perusal of the wound certificate of Sachin Virupakshi Patil (CW9) he sustained two injuries, one is simple injury and one is grievous injury. He was admitted to the hospital on 30.12.2024 and was discharged on 11.01.2025. It shows that he is out of danger. The allegation against accused No.1 is that he voluntarily caused hurt to the de facto complainant and CW9 and he has already been discharged from the hospital. Hence, there is no danger to the life of CW9. Hence, at this juncture, there is no material against the accused No.1 to attract Section 103 of Bharatiya Nyaya Sanhita, 2023. 9. The main allegation is against accused No.2. However, there is prima facie material against accused No.2 so as to connect him for the offence under Section 103 of Bharatiya Nyaya Sanhita, 2023. Accordingly, petitioner No.1 – accused No.1 is entitled to be granted bail, while petitioner - 7 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 No.2 – accused No.2 is not entitled to bail at this stage. Therefore, I proceed to pass the following: ORDER The petition is hereby allowed in part. The petition insofar it relates to petitioner No.2 – accused No.2, is hereby rejected. The petitioner No.1 – accused No.1 is ordered to be enlarged on bail in Crime No.315/2024 of respondent – Police Station on he executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction jurisdictional Court, subject to the following conditions: i. Petitioner No.1 shall not tamper with the prosecution witnesses. ii. Petitioner No.1 shall appear before the Court regularly without fail. iii. Petitioner No.1 shall not involve himself in similar offences. - 8 - HC-KAR NC: 2025:KHC-D:9085 CRL.P No. 102372 of 2025 NOTE: The above observation is made only for disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 9