- 1 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104890 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SHIVANARAYANA S/O. RADHA RAM AGE. 27 YEARS, OCC. LABOURER 2. SURAJ S/O SRIRAM SWARUP AGE. 38 YEARS, OCC. LABOURER BOTH ARE R/O. NEAR DRDO KODALU VILLAGE, SANDUR TALUK, BALLARI DIST. 583119. …PETITIONERS (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THORANGALLU P S BALLARI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD 580001. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C./483 OF BNSS 2023, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS / ACCUSED NO 1 AND 2 ON BAIL IN SC NO.38/2025 IN CONNECTION WITH CR.NO.32/2025 REGISTERED IN THORANAGALLU POLICE STATION BALLARI, FOR THE OFFENCES U/S 352, 109, 103(1) OF BNS PENDING TRAIL OF THE CASE BEFORE I ST ADDL. DISTRICT AND SESSIONS JUDGE BALLARI, IN THE INTEREST OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Anwar Basha B., learned counsel for the petitioners and Sri.P.N.Hatti, learned High Court Government Pleader for the respondent. 2. Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “Wherefore, the petitioners most humbly prays that this Hon’ble Court be pleased to allow this petition and enlarge the petitioners/accused Nos.1 and 2 on bail in SC NO.38/2025 in connection with Cr.No.32/2025 registered in Thoranagallu Police Station Ballari, for the offences under Sections 352, 109, 103(1) of BNS pending trial of the case before Ist Additional District and Sessions Judge, Ballari in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. As per the prosecution case, complainant by name Baleshawar Das approached Thoranagal Police Station by contending that the employees of Megha Contractor Engineers by name Rajeeva, Patakamuri Javahar, Adithya, Arvinda and Shivanarayan had been to DRDO campus and at about 02.00 p.m., in the labour canteen, there was a party. 3.2. When the complainant and others had been near the canteen, there was an oral altercation wherein Shankar Madival had abused Shivanarayan stating that people from Uttar Pradesh and Bihar are ‘nalayak’ (useless) persons and in that regard, there was a quarrel. 3.3. The quarrel was pacified by Shankar Madival and told the persons to get back to their respective rooms. Again at around 03.30 p.m., group of persons including the accused went to the room of Shivanarayan to enquire about why they abused them and at that juncture, hearing the - 4 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 hue and cry, along with Subhash, came out and saw the quarrel wherein Shivanarayan, Suraj, Kannaih, Vikas, Kailash and others held iron rods and stones and sticks and entered the room of Shankar Madival and assaulted him. 3.4. Among them, Shivanarayan assaulted with the iron rod on the head of Shankar Madival and on account of the said blow, Shankar Madival lost consciousness and fell down. 3.5. Complainant was also injured and the matter was intimated to the Medical Officer by name Phanindra, who secured the ambulance and shifted Shankar Madival to Sanjeevini Hospital at Thoranagal. 3.6. But despite best treatment, Shankar Madival succumbed to injury and therefore, case was registered against the petitioner and others in Crime No.32/2025. 4. After thorough investigation, charge sheet came to be filed and later on, trial has also commenced. - 5 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 5. Earlier attempt made by the petitioners to seek an order of grant of bail was turned down. 6. With the successive bail request, petitioners are seeking grant of bail on the ground that all the eyewitnesses who have been examined on behalf of the prosecution have turned hostile and therefore, continuation of the petitioners in the judicial custody is no longer warranted. 7. Per contra, learned High Court Government Pleader would contend that the material on record would prima facie establish that it is because of the blow with an iron rod by petitioner No.1 and duly assisted by petitioner No.2, Shankar Madival lost his life which has been fortified by the post-mortem report and other material evidence on record and therefore, sought for dismissal of the bail petition. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 9. On such perusal of the material on record, admittedly, eyewitnesses who have been examined on behalf of the prosecution have turned hostile and despite treating them as hostile witnesses and cross-examining them by the prosecution by confronting the statements recorded by the police under Section 161 of Cr.P.C., no useful material is elicited in such cross-examination. 10. In other words, since the case is resting on the basis of the statement of the eyewitnesses and they having turned hostile, there is no substantive material evidence on record to prove the charge against the accused at least for the purpose of considering the successive bail request of the petitioners. 11. Expressing any opinion on the merits of the matter, at this juncture, is no longer warranted as the trial is still under progress. 12. The other apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. - 7 - HC-KAR NC: 2026:KHC-D:102 CRL.P No. 104890 of 2025 13. Accordingly, following: ORDER i. Petition is allowed. ii. Petitioners are directed to be enlarged on bail on taking a bond in a sum of Rs.2,00,000/- with two sureties for the likesum of which one surety shall be a local surety. iii. Petitioners shall attend the Court regularly. iv. Petitioners shall not tamper the prosecution witnesses in any manner. v. Petitioners shall not leave the jurisdiction of Ballari District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE KAV CT-CMU/LIST NO.: 1 SL NO.: 23