- 1 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104466 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHRI. SANKET S/O. GOPAL ARAVALLI, AGE. 20 YEARS, OCC. NIL, R/O.1203, PIJAR GALLI, BAILHONGAL, DIST. BELAGAVI-590004. …PETITIONER (BY SRI. MAHANTESH S.HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BAILHONGAL POLICE STATION, R/BY THE STATE OF PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. ….RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, GRANT A ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.6 IN BAILHONGAL POLICE STATION CRIME NO. 179/2025 DATED 10/08/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 109(1), 118(2), 118(1), 115(2), 115(1), 352, 351(2), 190 OF BNSS ACT WHICH IS PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS COURT BELAGAVI EXCLUSIVE SPECIAL COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner is arrayed as accused No.6, is before this Court seeking anticipatory bail in Crime No.179/2025 of respondent/Police for the offence punishable under Sections 189(2), 191(2), 109(1), 118(2), 118(1), 115(2), 115(1), 352, 351(2) r/w. Section 190 of Bharatiya Nyaya Sanhita, 20231. 2. Factual matrix of the case; The case of the prosecution is that, on 10.08.2025 when the complainant was taking treatment in the Hospital, made a statement. Based on the said complaint, respondent/Police have registered a case in Crime No.179/2025 for the offences stated supra. The averments of the complaint would indicate that on 09.08.2025 around about 7:15 pm, the complainant was in Green Garden Hotel as he had received an order of popcorn. At that time, in the said hotel, Mahesh was assaulting his relative. The accused 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 No.1 asked the said Mahesh as to why he was assaulting Satish. The said Mahesh replied that, he was assaulting his relative to get his ways mended. 3. The person who accompanied accused No.1 was furious about the evasive reply of the injured and started assaulting the said Mahesh Totagi. Inspite of intervention by complainant and Satish, the injured was assaulted by the term of accused No.1. In the meantime, the complainant had also sustained injuries in the said incident. A complaint came to be registered by the complainant while he was taking treatment at Hospital. The respondent/Police have registered a case in Crime No.179/2025. 4. The submission of learned counsel for the petitioner is that the petitioner is arrayed as accused No.6 and he is innocent of the alleged offence and he has been falsely implicated in this case, no specific overt-act is attributed against the petitioner. The averments of the - 4 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 complaint did not disclose the specific overt - act against him. 5. It is further submitted that the petitioner is aged about 20 years and he is the permanent resident of Pijar Galli, Bailhongal and he will abide the conditions imposed by this Court in the event of his release on bail. 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioner has assaulted the injured with Beer Bottle, and also by using lethal weapons, caused injuries. The petitioner is one of the members of the particular organization and he has misused the name of the said organization by making such activities. Therefore, it is not appropriate to grant him bail is the contention of learned HCGP. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the complainant had been to - 5 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 Green Garden Hotel to get the parcel order. At that time, Mahesh was assaulting Satish on flimsy grounds. The accused No.1 and others interfered with the said quarrel and asked the Mahesh as to why he was assaulting the Satish. The said Satish gave evasive answer to accused No.1. The followers of accused No.1 being annoyed of the said answer, started assaulting the injured and caused injuries. 8. The present petitioner is arrayed as accused No.6. On reading the averments of the complaint, no specific overt - act is attributed against the present petitioner. Therefore, it is appropriate to allow the petition. 9. Accordingly, 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.179/2025 of - 6 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Trial Court, subject to the following conditions; 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. - 7 - HC-KAR NC: 2025:KHC-D:16590 CRL.P No. 104466 of 2025 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.: 1 Sl No.: 4