- 1 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103935 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. MAHESH S/O. BALU SAKAT, AGE. 27 YEARS, OCCUPATION. DELIVERY BOY, R/O. FLAT NO.129, SECTOR NO.02, SHIVABASAV NAGAR GANGWADI, TQ. AND DIST. BELAGAVI-590016. …PETITIONER (BY SRI. RAMESH S.GUDODAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH MALMARUTI P.S., BELAGAVI, REP. BY HCGP HIGH COURT OF DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ENLARGED ON BAIL IN MALMARUTI BELAGAVI CITY POLICE STATION, CRIME NO.145/2025 OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 126(2), 109(1), 352, 351(3) R/W 3(5) OF BNS, IN THE PENDING ON THE FILE OF THE II JMFC BELAGAVI, IN THE INTEREST OF JUSTICE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 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) 1. The petitioner/accused No.1 is before this Court seeking regular bail in Crime No.145/2025 for the offences punishable under Sections 115(2), 126(2), 109(1), 352, 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 20231. 2. The factual matrix of the case is that, a complaint came to be registered by one Smt. Kavita Ashis Kadam stating that, on 02.08.2025 at about 11.00 p.m., she, her husband and two children went to the house of her parents’ in an autorickshaw around 1.30 p.m. By that time, accused Nos.1 to 4 were quarrelling with her father, mother and brother by using abusive words. The husband of the complainant questioned the accused and asked them the reason for their quarrel. When he was talking with other 1 For short, ‘BNS’ - 3 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 of 2025 accused, the petitioner herein immediately started assaulting the husband of the complainant with cricket stump and caused injuries. Immediately, he was taken to Belagavi Civil Hospital for treatment. Hence, the complaint. 3. Based on the complaint, the respondent police registered a case against all the accused. The investigation is under progress. 4. Heard Sri.Ramesh S. Gudodagi, learned counsel for the petitioner and Sri. Jairam Siddi, learned HCGP for respondednt-State. 5. It is the submission of the learned counsel for the petitioner that the petitioner was standing near the place where the alleged incident of assault had taken place. In fact, he had no intention to cause injuries, however, the incident had occurred accidentally. Moreover, the petitioner is aged about 27 years and he is an earning member of the family and resident of Shivabasavanagara, Gangawadi. The petitioner is out of danger, he has been discharged from the - 4 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 of 2025 hospital. Therefore, he may be enlarged on bail by imposing suitable conditions. 6. Per contra, learned HCGP vehemently opposed the said submissions and he further submitted that, the petitioner who is arrayed as accused No.1 assaulted with cricket stump on the vital part of the husband of the complainant i.e., head and caused severe bleeding injuries. There are eyewitnesses to the incident. If the petitioner/accused No.1 is released on bail, there may be chances of tampering the prosecution witnesses and also chances of being won over them. Therefore, it is not appropriate to grant bail. 7. I have heard the rival submissions of the learned counsels for the respective parties and perused the material available on records. 8. It is appropriate to take note of the fact that, the petitioner and others were standing in front of the house of the parents of the complainant and accused Nos.2 to 4 were quarrelling with mother, father and brother of the - 5 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 of 2025 complainant. In the meantime, the complainant went there along with her husband and children to her parents' house. On seeing the said quarrel which was being taken place in front of the house of her parents, she had to interfere and has to enquire the reasons for the said quarrel. In the meantime, her husband who is the injured in this case had sustained injuries. The manner in which the injury had occurred in the said incident, drives me to grant the bail as it appears sudden provocation. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner/accused No.1 is ordered to be enlarged on bail in Crime No.145/2025 of Malmaruti P.S., for the offences punishable under Sections 115(2), 126(2), 109(1), 352, 351(3) read with Section 3(5) of BNS, 2023, on executing personal bond in a sum of - 6 - HC-KAR NC: 2025:KHC-D:13902 CRL.P No. 103935 of 2025 Rs.1,00,000/- with one surety to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioner shall appear before the Trial Court on all dates of hearing without fail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 48