- 1 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 105007 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: GOUSE @ KARATAGI GOUSE S/O ALLAH SA, AGE: 20 YEARS, OCC: WARD NO 17, NEAR FISH MARKET, NEAR 81 REHAMAN HOUSE, HOSPETE TALUK, VIJAYANAGARA DISTRICT- 583201. …PETITIONER (BY SRI. MOHAMMEDMISRIKHAN A. PATHAN, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH HOSPET EXTENSION POLICE STATION) BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING, BENCH DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 (1) OF CR.P.C. (483 (1) OF BNSS), SEEKING TO GRANT BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED NO. 2 IN HOSPET EXTENSION POLICE STATION CRIME NO. 79/2025 DATED 03/11/2025 FOR THE ALLEGED OFFENCE PUNISHABLE U/S 109, 115(2), 352, 3(5) OF B.N.S PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND J.M.F.C HOSAPETE AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The present petitioner is arrayed as accused No.2 seeking for regular bail in Crime No.79/2025 for the offences punishable under Section 109, 115(2), 352, 3(5) of BNS, 2023. Factual matrix of the case: 2. The case of the prosecution is that, the brother of the complainant used to go out with his friends and come back in the midnight. On 02.11.2025 around about 11.30 p.m., the complainant had received a phone call from one Vishnu stating that his brother was being assaulted by Haji and his friends and asked him to come immediately to the spot. The complainant rushed towards the Rama talkies where the incident stated to have been taken place. By that time, his brother was not there, however, he was told that his brother was taken to hospital for the treatment. He went to hospital and saw that his brother had sustained injuries and blood was oozing from the wounds and the complainant was told that Haji and his friends had committed the said injuries. On the information received by the complainant - 3 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 a complaint came to be registered before the respondent – Police. 3. Based on the said information by the brother of the complainant, the respondent – Police registered a case for the offences stated supra. 4. It is the submission of the learned counsel for the petitioner that, the petitioner is arrayed as accused No.2, it is stated in the complaint that the injured has been assaulted by the accused Nos.1 and others indiscriminately. However, the overt-act against the present petitioner that he was assaulted with hands with a common intention to commit offence under Section 109 of BNS, 2023 cannot be attracted against him. 5. It is further submitted that the petitioner is aged about 20 years and he was working as a labour and was the permanent resident of Hospete Taluk, Vijayanagara District and he will abide the conditions imposed by this Court, in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 6. Per Contra, the learned High Court Government Pleader for respondent – State, vehemently, submitted that the accused Nos.1 to 4 in furtherance of common intention to commit murder of the injured, wrongfully confined the injured who was the brother of the complainant and assaulted with knife and other weapons. Consequently, the injured had sustained severe injuries and he was hospitalized. 7. It is further submitted that the complainant was told about the incident by the injured, hence, a complaint came to be registered against accused Nos.1 and others. The petitioner being accused No.2 is the part of the team in assaulting the injured. Hence, it is not appropriate to grant him bail. In case, if the petitioner is enlarged on bail, there may be chances of threatening the prosecution witnesses. Hence, the petition has to be rejected. 8. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, the complainant is none other than the brother of the injured filed a complaint on the information that he has received from the injured regarding the incident and also narrated the overt-act of - 5 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 each accused. However, since the injured was assaulted by accused No.1 and others, the hospital-authority should have lodged a complaint to the nearest police station as medico-legal case or the brother of the complainant should have informed the jurisdictional Police about the incident. In the present case, neither the complainant nor the hospital-authority had informed about the assault to the nearest police station. 9. Moreover, the allegations made against the petitioner that, the petitioner had assaulted the injured with hands. Having considered the overt-act of the petitioner, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.79/2025 of respondent-police for the offence under Sections 109, 115(2), 352, 3(5) of BNS, - 6 - HC-KAR NC: 2025:KHC-D:18623 CRL.P No. 105007 of 2025 2023, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates without fail. v. The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE NM/List No.: 1 Sl No.: 57