- 1 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200447 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SAGAR S/O SIDRAM DEVAKAR, AGE: 29 YEARS, OCC: COOLIE, R/O INDI ROAD, WADDAR ONI, VIJAYAPURA-586103. …PETITIONER (BY SRI R. S. LAGALI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE PSI, APMC PS., VIJAYAPURA, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA KALABURAGI-585103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, 2023 PRAYING TO ALLOW THIS BAIL PETITION, THEREBY ORDER THE RELEASE OF THE PETITIONER ON BAIL IN CRIMINAL CASE NO.98/2024 (RAISING OUT OF VIJAYAPURA APMC PS CRIME NO.53/2023) PENDING ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, COURT, VIJAYAPURA Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 307, 504, 506 READ WITH SECTION 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.2 seeking regular bail in Criminal Case No.98/2024 arising out of Crime No.53/2023, registered by the Vijayapur APMC Police Station for the offences punishable under Sections 323, 307, 504, 506 read with Section 34 of IPC, pending on the file of the I Additional Senior Civil Judge and CJM Court, Vijayapur. 2. Brief facts of the case are as under: The complainant filed a complaint stating that there was a dispute between accused No.1 and the complainant and they quarreled with each other for petty reason. On 15.08.2023 at about 08-00 a.m., on account of - 3 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 Independence Day, the complainant had been to meet his friend Abhishek. Both had been to flag hoisting program and after finishing the said program, at about 10-20 a.m., they wanted to have a cup of tea at Chai Talab. In the meantime, the accused Nos.1 and 2 came there on their motorcycle and starred at them and went away. Again they came back to the spot. Accused No.1 with an intention to commit the murder, assaulted the complainant with blade. By that time, the complainant escaped from the said assault. Consequently, he sustained injuries near his nose and sustained bleeding injury. The accused No.2 had assaulted the complainant with his hands and caused injuries. Therefore, the complainant lodged a complaint before the respondent/police. The respondent/police after receiving the complaint registered the FIR in Crime No.53/2023. 3. It is the submission of the learned counsel for the petitioner that the petitioner is arraigned as accused No.2. The overt act against the petitioner is that he - 4 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 assaulted the complainant with hands on different parts of the body. Even assuming that the petitioner had committed the above said offences, which are not punishable either with death or imprisonment for life. The investigation is completed and the charge sheet is filed and the petitioner is not required for any other purpose. 4. It is further submitted that the petitioner is aged about 29 years and the permanent resident of Indi Road, Waddar Oni, Vijayapur. He will abide the conditions that may be imposed by this Court in the event of his release on bail by this Court. Making such submissions, he prays to allow the petition. 5. Per Contra, the learned High Court Government Pleader vehemently opposed the bail application and he submitted that both accused Nos.1 and 2 had common intention to commit the murder of the complainant. The accused No.1 had assaulted with knife. However, the complainant escaped from the clutches. - 5 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 6. It is further submitted that since the petitioner was also one of the accused in this case and he had intention to commit murder of the complainant, it is not appropriate to grant him bail. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and after having gone through the averments of the charge sheet, it appears from the record that the allegation made against the petitioner is that he assaulted the complainant with hands on the stomach and ribs. However, prima facie, it appears that he had no intention to commit the murder of the complainant. Therefore, it is appropriate to grant him bail as prayed for. 8. Hence, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Criminal Case No.98/2024 arising out of Crime No.53/2023 registered by the Vijayapur APMC - 6 - NC: 2025:KHC-K:2339 CRL.P No. 200447 of 2025 Police Station for the offences punishable under Sections 323, 307, 504, 506 read with Section 34 of IPC, pending on the file of the I Additional Senior Civil Judge and CJM Court, Vijayapur, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 25 CT:PKp