- 1 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103689 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHARIFSAHEB @ MALLIK S/O. TAJUDDIN, AGE. 29 YEARS, OCC. PRIVATE WORK, R/O. HEGGERI NEAR MASJID, OLD HUBBALLI, HUBBALLI-580009. …PETITIONER (BY SRI. B.ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH OLD HUBBALLI POLICE STATION) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.80/2025 REGISTERED IN OLD HUBBALLI PS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 121(1), 132, 118(1), 109 OF BNS PENDING INVESTIGATION OF THE CASE BEFORE IVTH ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, HUBBLLI DHARWAD CITY. IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 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) The petitioner is before this Court seeking Anticipatory bail in Crime No.80/2025 of respondent/Police for the offence punishable under Sections 109, 118(1), 121(1) and 132 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; It is the case of the prosecution that, the Sub- Inspector of Police working at Old Hubballi Police Station lodges a complaint stating that, he was entrusted the work of Crime No.79/2025 on 07.04.2025 to secure the petitioner. The complainant on receiving the information that, the petitioner was near the Leprosy Hospital, the complainant went along with the staff and apprehended him. 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 3. During the said process, the petitioner is stated to have started assaulting the staff with stone. In spite of warning, he assaulted the Police Constable and caused injuries. The complainant in order to take self protection, fired on the right leg of the petitioner. Immediately, he was shifted to the Hospital. After getting him treated, he was discharged from the Hospital. 4. On the basis of the complaint of the complainant, the respondent/Police registered a case and conducting the investigation. The investigation is under progress. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offence. Though, the petitioner is arrayed as Rowdy Sheeter, there are only 03 cases against him. All the cases are pending before the Trial Court and he is on bail. 6. It is further submitted that, petitioner is the permanent resident of Old Hubballi and he is aged about 29 - 4 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 years and he is working in a private sector and he will abide the conditions imposed in the event of his release on bail. 7. Per contra, the learned High Court Government Pleader vehemently submitted that, the petitioner is the Rowdy Sheeter and he is having 03 existing cases which are pending before the Trial Court and all the cases are relating to heinous offence. If the petitioner is enlarged on bail, there may be chances of committing similar offences. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the petitioner is stated to have assaulted one of the Police Constable who was in the team of arresting the petitioner in Crime No.79/2025. However, he was arrested in that crime number and he was released on bail. Such being the fact, the complainant should have arrested the petitioner in this case also. Allowing the petitioner to go out from the - 5 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 Hospital and subsequently, they are making efforts to arrest him in this case, certainly would create a doubt regarding genuineness of the case. Considering the nature and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 9. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.80/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with 2 surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; - 6 - HC-KAR NC: 2025:KHC-D:14791 CRL.P No. 103689 of 2025 a) The petitioner shall not involve in similar or in any other criminal cases till disposal of the present case. b) The petitioner shall not threaten the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates. d) The petitioner shall co-operate with the investigation as and when required till filing of the charge-sheet. In case, if the petitioner violates any of the conditions enumerated above, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 12