- 1 - HC-KAR NC: 2025:KHC-D:9523 CRL.P No. 102115 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102115 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI MALIK @ MALIKJAN S/O. ISMAIL METIPATIL, AGE: 19 YEARS, OCC: AGRICULTURE, R/O: JANAWAD, TQ: ATHANI, DIST: BELAGAVI, PIN CODE-597 260. … PETITIONER (BY SMT. PRIYANKA HANUMANTH PAWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ATHANI POLICE, TQ: ATHANI, DIST: BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGED ON BAIL THIS PETITIONER/A2 MAY BE ORDERED TO BE RELEASED BAIL IN ATHANI PS CRIME NO.116/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 118(2), 109(1), 351(2), 352 R/W 3(5) OF B.N.S., 2023 PENDING ON THE FILE THE PRL. CIVIL JUDGE AND JMFC, ATHANI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9523 CRL.P No. 102115 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Crime No.116/2025 registered by Athani Police Station, Belagavi for offences punishable under Sections 118(2), 109(1), 352, 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.116/2025 was registered by Athani Police Station, Belagavi for the aforesaid offences against Asif Ismail Metipatil and two others, based on the first information dated 21.03.2025 received from Sagar Ramana Biradarpatil Patel. During the course of investigation, the petitioner herein who is arraigned as accused No.2 in the FIR, was arrested on 26.04.2025 and remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.10075/2025 - 3 - HC-KAR NC: 2025:KHC-D:9523 CRL.P No. 102115 of 2025 was rejected on 05.05.2025. Therefore, he is before this Court. 4. Accused No.1 has been granted regular bail by this Court in Criminal Petition No.101799/2025. Undisputedly the victims in the present case have suffered only simple injuries in the incident in question. Petitioner is aged about 19 years having no criminal antecedents is in custody from 26.04.2025. Investigation of the case is already completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner / accused No.2 is ordered to be enlarged on bail in Crime No.116/2025 of Athani Police registered for offences punishable under Sections 118(2), 109(1), 351(1), 352 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, on the following conditions. - 4 - HC-KAR NC: 2025:KHC-D:9523 CRL.P No. 102115 of 2025 (i) The petitioner / accused No.2 shall execute a personal bond in a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not tamper the prosecution witnesses. (iii) The petitioner shall attend the jurisdictional Court regularly. (iv) The petitioner shall mark his attendance before the jurisdictional Police on first Sunday of Every month between 10 a.m. to 5 p.m. for a period of six months or till filing of the final report, whichever is earlier. (v) The petitioner shall not involve in similar offences. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH/CT:BCK LIST NO.: 1 SL NO.: 17