- 1 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104198 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SHRI. NAVEEN S/O. NAGAPPA NAIK, AGED ABOUT 26 YEARS, OCC. DRIVER, R/A. MAVINKATTA, BHATKAL TALUK, UTTARA KANNADA DISTRICT-574324. 2. SHRI. HARSH S/O. DURGAPPA DEVADIGA, AGED ABOUT 24 YEARS, OCC. DRIVER, R/A. MAVINKATTA, BHATKAL TALUK, UTTARA KANNADA DISTRICT-574324. …PETITIONERS (BY SRI. NAYANA KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MURDESHWAR P.S., UTTARA KANNADA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ENLARGE THE PETITIONERS/ACCUSED NO.13 AND 14 ON BAIL IN CRIME NO.97/2025 AT MURDESHWAR POLICE STATION PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BHATKAL, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189 (2), 191 (1), 115 (2), 118 (2), 109, 352 R/W SECTION 190 BNS ACT, 2023 AND SECTION 25 (1B) (B) OF THE INDIAN ARMS ACT, 1959 PRODUCED AT ANNEXURE-A 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) The petitioners who are arraigned as accused Nos.13 and 14 are before this Court seeking regular bail in Crime No.97/2025 of Murudeshwar Police Station for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(1), 352 read with Section 190 of Bharatiya Nyaya - 3 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 Sanhita, 20231, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal. The factual matrix of the case; 2. The complainant was doing a business of booking rooms for the Tourists at Murudeshwar. The accused No.1 was also doing same business. There was a rivalry between two groups in respect of same issues. On 20.08.2025 in the midnight at about 12:30 am, when the complainant was on Murudeshwar Temple Road, when he was proceeding near the Indraprasta Hotel, the accused persons formed unlawful assembly with a common object to quarrel with the complainant, the accused No.1 abused him in a filthy language and assaulted him by hands. In the meantime, the complainant pushed the accused No.1. Being aggrieved by the said act, accused No.1 with an intention to kill him, assaulted him with sickle on the back side of his head and on his right shoulder and caused grievous injuries. The 1 For short ‘BNS, 2023’ - 4 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 accused No.2 assaulted the complainant with stick on the right leg and caused internal injury and rest of the accused have assaulted the complainant with hands and legs etc.,. Hence, the complaint came to be registered. Upon the complaint, the respondent/Police registered a case. The investigation is under progress. The petitioners are in Judicial Custody. 3. Heard Sri. Nayanakumar, learned counsel for the petitioners and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent – State. 4. The submission of the learned counsel for the petitioners is that, the petitioners are innocent of alleged offences and they have been falsely implicated in this case. Even assuming that the overt-act of the petitioner is that, he had assaulted the complainant with hands and legs, that would not attract the ingredients of Section 109 of BNS, 2023. Therefore, they may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 5. Per contra, learned High Court Government Pleader for respondent – State vehemently submitted that all the accused in furtherance of common intention in order to commit murder, assaulted the complainant with lethal weapon like sickle and also sticks and caused injuries on the vital parts of the body. Therefore, they are not entitled for the relief as prayed for. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the accused Nos.1 and 2 are stated to have assaulted the complainant with stick and sickle. However, the present petitioners who are arrayed as accused Nos.13 and 14 have also assaulted the complainant. Having considered the overt-act of the petitioners, it is appropriate to grant bail by imposing suitable conditions. 7. Hence, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 ii) The petitioners are ordered to be enlarged on bail in Crime No.97/2025 of respondent-police for the offences punishable under Sections 109, 115(2), 118(2), 189(2), 191(2), 352 and 190 of BNS, 2023, on executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] each with one surety each to the satisfaction of the Trial Court subject to following conditions; a) The petitioners shall appear before the Trial Court on all hearing dates without fail. b) The petitioners shall not tamper the prosecution witnesses nor hamper the proceedings of the Court. c) The petitioners shall co-operate with the investigation till filing of the final report. - 7 - HC-KAR NC: 2025:KHC-D:14625 CRL.P No. 104198 of 2025 d) The petitioners shall not leave the jurisdiction till filing of the charge- sheet. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 71