- 1 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102323 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: 1. MAHAMMED RAFIQ S/O. NOOR AHMED MASANGI AGE 25 YEARS, OCC. CENTERING WORK R/O. 1ST CROSS, ISHWAR NAGAR, OLD HUBBALLI, HUBBALLI TQ. DHARWAD DIST. 580 024. 2. SALEEM S/O. IMAM HUSSAIN MULLA AGE 27 YEARS, OCC. CENTERING WORK R/O. SONIA GANDHI NAGAR, OLD HUBBALI, TQ. HUBBALLI DHARWAD DIST. 580 024. 3. JEESHAN S/O. AMEER DHARWAD AGE. 24 YEARS, OCC. TAILS WORK R/O. S.M. KRISHNA NAGAR HUBBALLI 580 024. 4. ARBAZ S/O. TIPPU SAB ATTAR AGE 24 YEARS, OCC. ADVERTISEMENT WORK Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 R/O. ISLAMPUR ROAD, NAVNAGAR, HUBBALLI 580 024. 5. VICKY S/O. HUSSAINAPPA VAJJANNAVAR AGE. 25 YEARS, OCC. TILES WORK R/O. S M KRISHNA NAGAR HUBBALLI 580 024. …PETITIONERS (BY SRI ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GHANTIKERI P.S., HUBBALLI REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD - 580 001. …RESPONDENT (BY SMT. KIRTILATA PATIL, ADVOCATE) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NOS.2 TO 6 ON BAIL IN CRIME NO.23/2025 REGISTERED BY GHANTIKERI P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109 AND 61(2)(a) READ WITH SECTION 3(5) OF THE BNS, 2023. THIS CRIMINAL PETITION IS COMING ON FOR FURTHER ARGUMENTS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) This petition is filed under Section 439 of Cr.P.C. (483 of BNSS, 2023) by the petitioners/accused Nos.2 to 6 to enlarge them on bail in connection with Crime No.23 of 2025 registered by Ghantikeri Police Station for the offences punishable under Sections 109 and 61(2)(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The brief facts of the prosecution case are that, on 27.04.2025 at about 7.00 p.m., the de facto complainant and accused No.1 took quarrel and the de facto complainant stabbed with knife on the abdomen of accused No.1. Hence, he was admitted to the Hospital. In this regard, accused Nos.2 to 6 made criminal conspiracy and took quarrel with the de facto complainant, accused No.1 and other three accused persons came on a motorcycle, abused him in filthy language and with an intention to eliminate him, they tried to ride the motorcycle on him, however, he escaped and later, they - 4 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 tried to stab him with knife, however, he escaped from the said blow, too. Hence, he lodged the complaint. This led to registration of First Information Report and investigation. During the course of investigation, the petitioners were arrested and in turn, they were remanded to judicial custody. 3. Heard Sri Anwar Basha B., learned counsel for the petitioners, and Smt. Kirtilata Patil, learned High Court Government Pleader for the respondent-State. 4. Learned counsel for the petitioners has contended that the petitioners are law abiding citizens, the alleged offences are not punishable with death or imprisonment for life. There are case and counter-case between the accused persons and the complainant and hence, the petitioners have been falsely implicated in the present case. The offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023, is not attracted against the petitioners and they are ready to abide by any of the - 5 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 conditions to be imposed by this Court. Hence, he prayed for grant of bail. 5. Learned High Court Government Pleader has contended that the petitioners have been involved in offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023. They attempted to eliminate the victim/complainant. If the petitioners are released on bail, there is likelihood of tampering with the prosecution witnesses and also hampering the trial. On these grounds, she prayed for rejection of the petition. 6. Perused the material available on record. It appears that there was some dispute between accused No.1 and the complainant. In this regard, the de facto complainant attempted to commit murder of accused No.1. In this regard, accused No.1 sustained injury. Therefore, all the petitioners tried to eliminate the de facto complainant. However, the de facto complainant escaped. - 6 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 In this case, the de facto complainant has not sustained any injuries, which shows that he is out of danger. 7. Learned counsel for the petitioners vehemently contended that since the complainant has not sustained any injuries on his body, the ingredients of Section 109 of the Bharatiya Nyaya Sanhita, 2023, could not be attracted. 8. Admittedly, the offences are not punishable either with death or imprisonment of life and in fact, the victim/complainant has not sustained any injuries. Further, the presence of the petitioners can be secured by imposing stringent conditions. Considering the nature of offences, circumstances of the case, more particularly, the allegations levelled against the petitioners, the Court is of the opinion that the petitioners are entitled to be enlarged on bail, subject to certain conditions. Hence, the Court proceeds to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 O R D E R Criminal petition is allowed. The petitioners/accused Nos.2 to 6 are ordered to be enlarged on bail in Crime No.23 of 2025 registered by Ghantikeri Police Station, for the offences punishable under Sections 109, 61(2)(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i) Petitioners shall execute a personal bond in a sum of Rs.2,00,000/- each (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court; ii) Petitioners shall not threaten or tamper with the prosecution witnesses directly or indirectly; iii) Petitioners shall co-operate with the Investigating Officer, until completion of the investigation; - 8 - HC-KAR NC: 2025:KHC-D:8800 CRL.P No. 102323 of 2025 iv) Petitioners shall appear before the jurisdictional Court regularly, without fail; v) Petitioners shall not involve in similar offences in future, and vi) Petitioners shall mark their attendance before the respondent-Police, viz., Investigating Officer/Station House Officer once in every fortnight i.e., on first and fifteenth of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of final report, whichever is earlier. Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 16