- 1 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103836 OF 2024 [439(CR.PC)/483(BNSS)] C/W CRIMINAL PETITION NO.103835 OF 2024 [439(CR.PC)/483(BNSS)] IN CRL.P.NO.103836/2024: BETWEEN: GURURAJ S/O. YAMANAPPA DONNUR, AGE: 29 YEARS, OCC. DRIVER, R/O. NAGENDRAMATTI, TQ. AND DIST. HAVERI. … PETITIONER (BY SRI V.P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI HAVERI TOWN, TQ. AND DIST. HAVERI, R/BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER / ACCUSED NO.2 HEREIN ON BAIL FOR THE CASE REGISTERED IN CRIME NO. 183/2024 DATED 25.11.2024 BY THE HAVERI TOWN PS, HAVERI, ON THE FILE OF THE COURT OF PRL.CIVIL MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.22 14:39:22 +0530 - 2 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 JUDGE (SR.DN) AND CJM HAVERI DIST.HAVERI, FOR THE OFFENCE PUNISHABLE U/S 115(2), 118(1), 109, 76, 351, 352, R/W SECTION 3(5) OF BNS 2023, AND CONSEQUENTLY ALLOW THE PETITION. IN CRL.P.NO.103835/2024: BETWEEN: NAGARAJ S/O. YAMANAPPA DONNUR, AGE: 29 YEARS, OCC. DRIVER, R/O. NAGENDRAMATTI, TQ. AND DIST. HAVERI. … PETITIONER (BY SRI V.P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI HAVERI TOWN, TQ. AND DIST. HAVERI, R/BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER / ACCUSED NO.1 HEREIN ON BAIL FOR THE CASE REGISTERED IN CRIME NO 183/2024 DATED 25.11.2024 BY THE HAVERI TOWN PS, HAVERI, ON THE FILE OF THE COURT OF PRL.CIVIL JUDGE AND CJM (SR.DN) HAVERI DIST.HAVERI, FOR THE OFFENCE PUNISHABLE U/S 115(2), 118(1), 109, 76, 351, 352, R/W SECTION 3(5) OF BNS 2023, AND CONSEQUENTLY ALLOW THE PETITION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) While, Crl.P.no.103835/2024 is filed by accused no.1, Crl.P.no.103836/2024 is by accused no.2 for grant of regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short), in Crime no.183/2024 of Haveri Town Police Station for offences punishable under Sections 115 (2), 118 (1), 109, 76, 351, 352 read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for short). 2. Sri VP Vadavi, learned counsel for accused no.1 and 2 (petitioners) submitted, case of prosecution was that one Irfan (complainant) filed complaint alleging that at about 11.00 p.m. on 24.11.2024, he heard commotion near house of Akshatha KC. He went there and dispersed same by advising quarreling parties. While returning home, petitioners came from behind on motorcycle and assaulted him. It was alleged Nagaraj hit victim on back of his head with granite stone in his hand inflicting grievous injuries while Gururaj tried to strangulate with intention to murder him. Two others present incited petitioners. When complainant aunt tried to intervene, - 4 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 all accused dragged her, inflicted injuries and attempted outrage her modesty. At that time, neighbours gathered and saved them and took them to District Hospital for treatment. Based on said complaint, Crime no.183/2024 was registered by Haveri Town Police Station for above offences. 3. It was submitted, while wound certificate of complainant showed nature of injuries as ‘simple’ that of his aunt showed no external injuries. It was submitted, accused no.1 was arrested on 28.11.2024, accused no.2 was arrested on 04.12.2024. Their bail petition was rejected only on ground of criminal antecedents which were inclusion of name of one of them in Rowdy Sheet and another for offences under Sections 323, 324, 307 etc. of IPC. It was submitted, when injuries suffered would at best be indicative of minor offences rejection of bail petition only on ground of antecedents was not justified. It was submitted that none of offences as alleged by complainant are punishable either with death or imprisonment for life. On above grounds sought for allowing petition by imposing conditions. - 5 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 4. On other hand, Smt.Girija S. Hiremath, learned HCGP opposed petitions. It was submitted, in complaint, complainant had alleged specific overt acts against each of petitioner herein. There were eye-witnesses who sustained injuries in same incident who had implicated petitioners in their statements recorded under Section 180 of BNSS. It was further submitted, investigation had not yet concluded and in case petitioners were enlarged on bail, they were likely to tamper prosecution witnesses and/or involve themselves in similar offences. Besides, both had criminal antecedents. On said grounds sought rejection of petitions. 5. Heard learned counsel and perused available material on record. 6. From above, common point that arises for consideration is: “Whether petitioners are entitled for regular bail with conditions?” 7. These petitions are for regular bail by accused no.1 and 2 in Crime no.183/2024 (supra). Case of prosecution is based on complaint filed by injured in incident that occurred on - 6 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 24.11.2024 at 11:00 p.m. As per complainant, petitioners assaulted him with intention to murder him. While Nagaraj (accused no.1) hit him on back of his head with palm sized, granite stone in his hand, Gururaj (accused no.2) tried to strangulate him and together, they assaulted complainant’s aunt, who came there to pacify parties, outraged her modesty inflicted injuries etc., thereby committed offences under provisions of Sections 115 (2), 118 (1), 109, 76, 351, 352 read with Section 3 (5) of BNSS. 8. Admittedly, accused no.1 was arrested on 28.11.2024 while accused no.2 was arrested on 04.12.2024. Though specific overt acts are alleged and injured themselves are eye-witnesses, question whether they committed offences as alleged would be matter for trial. At this stage, prima facie examination of material would reveal injuries sustained by complainant are simple, while his aunt sustained no external injuries. And though petitioners are having criminal antecedents, that by itself cannot be a ground for rejecting bail application. When settled legal principle in criminal law is to presume every accused as innocent until convicted, it is held by Hon'ble Supreme Court that purpose of bail is not to punish - 7 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 undertrial and bail is the rule and jail is exception. Under above circumstances, point for consideration is answered in affirmative. 9. Hence, following: ORDER Petitions are allowed. Petitioners/accused no.1 and 2 are ordered to be enlarged on bail in Crime no.183/2024 of Haveri Town Police Station for offences punishable under Sections 115 (2), 118 (1), 109, 76, 351, 352 read with Section 3 (5) of BNSS, subject to following conditions: a) Petitioners/accused shall execute separate personal bonds individually for sum of Rs.50,000/- each with two sureties for likesum to satisfaction of trial Court. b) They shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) They shall not leave jurisdiction of Haveri District without prior permission, until - 8 - NC: 2025:KHC-D:1020 CRL.P No. 103836 of 2024 C/W CRL.P No. 103835 of 2024 completion of investigation/filing of charge-sheet. e) They shall not indulge in any criminal activities. f) They shall mark their attendance before Investigating Officer between 9:00 a.m. and 5:00 p.m. on every alternate Saturday, until filing of charge-sheet. g) It is clarified that all observations herein would be prima facie, for purposes of this order only. SD/- (RAVI V.HOSMANI) JUDGE EM/GRD CT:PA LIST NO.: 1 SL NO.: 16