- 1 - NC: 2025:KHC-D:517 CRL.P No. 103859 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103859 OF 2024 (439(Cr.PC)/483(BNSS)) BETWEEN: SAMEER S/O. RASOOL MAKANDAR AGE ABOUT 32 YEARS, OCC. DAILYWAGE WORKER, R/O. OLD HUBBALLI, HUBBALLI, TQ AND DIST. DHARWAD-580023. …PETITIONER (BY SRI. ASIF M.GALAGALI, ADVOCATE) AND: STATE BY OLD HUBBALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO, ALLOW THE PRESENT PETITION BY ENLARGING PETITIONER/ACCUSED NO.1 ON BAIL IN CONNECTION WITH CRIME NO.227/2024 REGISTERED BY THE OLD HUBBALLI POLICE STATION, HUBBALLI UNDER THE SECTION 109, 126(2), 352, 351(2), 351(3) R/W 190 OF BHARATIYA NYAYA SANHITA, 2024, PENDING ON THE FILE OF IV TH ADDL. CIVIL JUDGE AND JMFC HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 09:49:48 +0530 - 2 - NC: 2025:KHC-D:517 CRL.P No. 103859 of 2024 ORAL ORDER 1. The petitioner/accused No.1, who is facing investigation for offences punishable under Sections 109, 126(2), 352, 351(2), 351(3), and 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is before this Court seeking regular bail. 2. The case of the prosecution is that on 20.10.2024, at around 4:00 p.m., near the Arjun Nagar Treasury Factory, Old Hubballi, accused Nos. 1 to 4 and others got into a quarrel with the complainant’s elder brother, Vinayak, over a trivial issue. They abused the victim, Vinayak, in filthy language, wrongfully restrained him, and assaulted him. When the complainant attempted to intervene and pacify the scuffle, accused No.1, with the intention of causing the death of the victim, stabbed him with a knife in the abdomen, inflicting bleeding injuries. The complainant immediately took the victim to KIMS Hospital for treatment and later lodged the First Information Report (FIR). 3. The learned High Court Government Pleader for the State argued that accused No.1, having assaulted the victim with a knife with the intention to kill, is not entitled to bail. The petitioner/accused No.1 was arrested on 21.10.2024 and is currently in judicial custody. The wound certificate indicates that the victim sustained grievous injuries as a result of the assault allegedly committed by accused No.1. The victim was admitted to the hospital on 20.10.2024 and discharged on 25.10.2024. The petitioner has produced a photocopy of the marriage invitation - 3 - NC: 2025:KHC-D:517 CRL.P No. 103859 of 2024 card, indicating that his sister’s marriage is scheduled for 19.01.2025. The petitioner contends that his presence is required to perform rituals and provide support for his sister’s wedding. 4. In light of the above circumstances, the petitioner/accused No.1 has made out a prima facie case for being granted bail. 5. Hence, I pass the following: ORDER i) The petition is allowed. ii) The petitioner/accused No.1 is enlarged on bail in Crime No.227/2024, registered by Old Hubballi Police Station, Hubballi South Sub-Division, pending on the file of IV Additional Civil Judge and JMFC, Hubballi, subject to following conditions: a) Petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Court as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. d) He shall not get involved in similar offences. - 4 - NC: 2025:KHC-D:517 CRL.P No. 103859 of 2024 e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 5 Sl No.: 1