- 1 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200431 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI HANUMESH S/O URKUNDAPPA, AGE:39 YEARS, OCC: COOLIE, R/O. ASHOK NAGAR, TQ. AND DIST.RAICHUR -584101. …PETITIONER (BY SRI SACHIN M. MAHAJAN, ADVOCATE) AND: STATE, REPRESENTED BY, RAICHUR WEST POLICE RAICHUR – 584101, REPRESENTED BY SPECIAL P.P, HON’BLE HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585103. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS FILED U/S. 483 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION AND ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL IN CRIME NO.14/2025 OF RAICHUR WEST POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 109, 118(1), 351(2), 351(3), AND 352 OF BHARATIYA NYAYA SANHITA 2023 AND PASS SUCH OTHER ORDER AS THIS HON’BLE DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 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 the petitioner/accused seeking for regular bail in Crime No.14/2025, registered by the Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 118(1), 351(2), 351(3) and 352 of BNS, 2023. 2. It is the case of the prosecution that the petitioner had advanced loan to the victim and the victim was working in the R.R. Bar and Restaurant as a supplier. When the victim was working in the said bar, the petitioner went there and asked his money to be repaid. The victim expressed his inability and requested for sometime to repay the said amount. - 3 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 3. The petitioner being enraged about the said reply, he took his knife and stabbed him on the vital parts of the body. Consequently, the victim sustained injuries and he was shifted to hospital for treatment. The investigation is under progress. 4. It is the submission of the learned counsel for the petitioner that the alleged incident had taken place at the spur of the moment and the petitioner had no intention to commit either murder or causing injuries. The victim is out of danger and he has been discharged from the hospital. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 5. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the offence is heinous in nature. The petitioner has stabbed on the vital part of the body of the victim. The act of the petitioner itself shows that he had intention to commit murder. The investigation is under progress. If the petition is allowed, there may be - 4 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 chances of tampering the prosecution witnesses. Therefore, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also the medical certificate made available by the learned counsel for the petitioner, it appears that the incident had taken place on 02.02.2025. The victim was admitted to the hospital on the same day and he has been discharged on 11.02.2025. 7. On perusal of the said report, it appears that the victim has sustained two injuries and those two injuries are grievous in nature. Be that as it may, without adverting to the merits of the case, having considered the facts and circumstances of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions that would take care of the apprehension expressed by the prosecution. 8. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 ORDER The criminal petition is allowed. The petitioner is enlarged on bail in Crime No.14/2025, registered by the Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 118(1), 351(2), 351(3) and 352 of BNS, 2023, on 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. c) The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. d) If the petitioner commits similar offence or any other offence till disposal of the case, liberty is reserved to the prosecution or to the complainant to file appropriate - 6 - NC: 2025:KHC-K:1680 CRL.P No. 200431 of 2025 application for cancellation of bail for violating the bail conditions. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 22 CT:PK