- 1 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102242 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: AKBAR BAIG S/O. USMAN BAIG, AGE: 22 YEARS, OCC: MASON, R/O. LAKSHMI CAMP, GANGAVATHI, DIST. KOPPAL-583231. …PETITIONER (BY SRI. B. C. JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH GANGAVATHI TOWN P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD. …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 ALLOW THIS PETITION, GRANT REGULAR BAIL IN CR.NO.100/2025 IS REGISTERED BY TOWN GANGAVATHI TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 118(1), 109, 324(2), 351(2), 352, 3(5) OF BNS ACT 2023, IN SO FAR AS THIS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR FURTHER ARGUMENTS, 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:9030 CRL.P No. 102242 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Balageri Jnanayya Channayya., learned counsel for petitioner and Smt. Kirtilatha Patil, learned High Court Government Pleader for respondent-State. 2. The petitioner/accused No.2 has filed this petition under Section 439 of Cr.P.C, [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant bail in Gangavathi Town Police Station Crime No.100/2025 for the offences punishable under Sections 115(2), 118(1), 109, 324(2), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case are as under: The de facto complainant lodged a complaint against accused Nos.1 to 3 alleging that he was employed at Reliance Petrol Bunk, Gangavathi. On 13.05.2025 at about 12:20 p.m., the complainant was seated in the office room while another worker, Nazeersab, was standing near the - 3 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 pump. At that time, three persons came on a Shine motorcycle and after filling petrol, they failed to make the payment. Consequently, the worker Nazeersab brought the three persons before the complainant. The de facto complainant insisted that the accused persons should pay the outstanding amount; however, the accused persons engaged in a quarrel with the complainant, abused him using filthy language, removed the mirror from the crusher machine, and assaulted the complainant on the neck and head with the said mirror. When Nazeersab intervened to pacify the quarrel, the accused persons also assaulted him with the mirror, causing severe injuries. Further, the accused persons have tried to assault the de facto complainant with an intention to commit murder and thereby, caused a loss of Rs.15,000/-. Accordingly, the de facto complainant lodged a complaint, which led to the registration of an FIR and initiation of investigation. 4. Learned counsel for the petitioner contended that the petitioner is innocent; he has not committed any - 4 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 offence as alleged by the prosecution and there are no criminal antecedents. The complainant has not sustained any grievous injuries; he has already discharged from the hospital and is leading normal life. Petitioner is the sole bread earner of his family, he is ready to abide by conditions that may be imposed by this Court, hence, prayed for grant of bail. 5. Per contra, learned High Court Government Pleader contended that there is a prima facie material against accused, he has attempted to commit murder of the de facto complainant; if he is released on bail, he may threaten the de facto complainant and would hamper the investigation as well as the trial. Thus, he prayed to reject the bail petition. 6. Upon perusal of the material available on record, it appears that the accused attempted to commit murder of the de facto complainant and the worker, Nazeersab, at the petrol pump. The records indicate that - 5 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 the date of the offence is 13.05.2025, and the de facto complainant has been discharged from the hospital. 7. From perusal of the wound certificate of the victim, he sustained simple injuries. Hence, at this juncture, the ingredients of Section 307 of IPC, would not be attracted as against the present petitioner. Admittedly, the alleged offences are not punishable with death or imprisonment for life. It is well established principle of law that while considering the bail application the Court has to consider the nature of offence, circumstances in which the offence is committed, position and the status of the petitioner, likelihood of he fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing off the bail petitions, the Court need not scan the entire prosecution papers and hold a mini trial. Keeping these factors in mind and on careful perusal of the entire material placed on record, this Court is of the - 6 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 opinion that the petitioner-accused No.2 is entitled to grant of bail. Accordingly, the Court pass the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner-accused No.2 is ordered to be enlarged on bail in Crime No.100/2025 of Gangavathi Town Police Station on he executing a personal bond for 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. The petitioner shall mark his attendance before respondent – Police on every Sunday in between 10:00 am to 5:00 p.m, for a period of six months or till filing of charge-sheet, whichever is earlier. ii. The petitioner shall not tamper with the prosecution witnesses and shall not threaten the witnesses in any manner; - 7 - HC-KAR NC: 2025:KHC-D:9030 CRL.P No. 102242 of 2025 iii. The petitioner shall appear before the Court regularly without fail; iv. The petitioner shall not leave the territorial limits of trial Court without prior permission; v. Violation of any of the above conditions would entitle the prosecution to seek cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 19