- 1 - HC-KAR NC: 2025:KHC-D:13964 CRL.P No. 104201 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104201 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. SUMED S/O. NARAYAN NAIK, AGE. 22 YEARS, OCC. DRIVER, R/O. GARADIHITLA, BELKE, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. …PETITIONER (BY SRI. K.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MURUDESHWAR P.S., RPTD. BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. 2. THE P.S.I., MURUDESHWAR P.S., RPTD. BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, BENCH AT DAHRWAD-580011. …RESPONDENTS (BY SRI. PRAVEEN Y. DEVAREDDI, HCGP) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13964 CRL.P No. 104201 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO RELEASE THE PETITIONER/ ACCUSED NO.7 ON BAIL IN MURUDESHWAR P.S. CRIME NO.97/2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BHATKAL REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 109, 115(2), 191(1), 191(2), 190, 118(2), 189(2), 352 OF BNS, 2023 AND UNDER SECTION 25 (1-B)(B) OF INDIAN ARMS ACT., 1959, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.7 has filed this petition seeking regular bail in Crime No.97/2025 filed by the respondent – Police. 2. The case of the prosecution is that, the complainant – Rajesh Naik S/o Manjappa Naik on 19.08.2025, was accommodating rooms to the public or tourists at different hotels. The accused and others were having grudge on the said issues. Such being the fact, on 20.08.2025, around 12.30 mid-night, when the complainant was near the Indra Prastha Hotel, Murudeshwar, the - 3 - HC-KAR NC: 2025:KHC-D:13964 CRL.P No. 104201 of 2025 accused and others assaulted the complainant. Consequently, he sustained injuries and lodged a complaint against the accused and others. 3. Heard Sri. K. S. Patil, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for the respondent. 4. It is the submission of the learned counsel for the petitioner that the petitioner is arrayed as accused No.7. This Court granted bail to the other accused who are similarly placed. The specific overt-act against the petitioner has not forthcoming in the said complaint. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 5. Per Contra, the learned High Court Government Pleader for State, vehemently submitted that, even though, the overt-act against the petitioner has not been made out, the fact remains that, he was present at the spot and he is - 4 - HC-KAR NC: 2025:KHC-D:13964 CRL.P No. 104201 of 2025 also he is one of the members of unlawful assembly. Therefore, he is not entitled for the relief as prayed for. 6. Having heard the learned counsels for the respective parties and also perused the averments of the charge-sheet, it appears that the complainant lodges a complaint against accused Nos.1 to 5. However, the name of this petitioner did not find a place in the said complaint. Having considered the said aspect, it is appropriate to grant him bail by imposing suitable conditions. 7. Hence, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the - 5 - HC-KAR NC: 2025:KHC-D:13964 CRL.P No. 104201 of 2025 likesum of the satisfaction of the Trial Court. iii. The petitioner shall not indulge in any criminal cases till disposal of this case. iv. The petitioner shall not threaten the prosecution witness. v. The petitioner shall appear before the Trial Court on all hearing dates. Sd/- (S.RACHAIAH) JUDGE NM CT: UMD List No.: 2 Sl No.: 13