- 1 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104952 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: JAFAR SADIK MOHAMMED HABIBULLA SHEIKH, AGE. 36 YEARS, OCC. COOLIE, R/O. MUGDUM COLONY, SAFA STREET, BHATKAL, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. VIJAY S. CHINIWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH BHATKAL RURAL POLICE STATION-581320, DIST UTTAR KANNADA KARWAR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CC NO. 1722/2025 (BHATKAL P.S. CRIME NO. 20/2025 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 118(1), 109(1), 352, 351(2) R/W 3(5) OF BNS PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, BHATKAL, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard learned counsel Sri.Vijay Chiniwar, appearing for petitioner and learned High Court Government Pleader- Sri.P.N.Hatti for State -respondent. 2. The petitioner is the second accused in C.C.No.1722/2025 and has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the BNSS’) with the following prayer: “Wherefore, the petitioner/Accused No.2 most humbly prays that, this Hon’ble Court may kind be pleased to enlarge the petitioner on regular bail in CC No.1722/2025 (Bhatkal P.S. Crime No.20/2025 registered for offences punishable under section 118(1), 109(1), 352, 351(2) read with Section 3(5) of BNS pending on the file of Addl.Civil Judge and JMFC Court, Bhatkal, in the interest of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 A complaint came to be lodged by Bibi Fathima W/o Niyamath Sheikh with the Bhatkal Rural Police Station, contending that the present petitioner and Sri.Maruf assaulted her younger brother on the ground that he had complained to - 3 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 the police against them. The incident has occurred on 24.02.2025 at about 11.50 p.m. when injured Abdul Rahim was proceeding on a motorcycle. The petitioners were standing in front of Al-Jazeera hotel and assaulted the Abdul Rahim with an iron rod. The complaint averments clearly mention that the first accused assaulted him on the head and face with iron rod. 3.2 The present petitioner joined first accused in the assault and when husband of the complainant and Yunus tried to pacify the quarrel, both the accused persons not only abused them, but also gave them life threat. 4. After registering the case as Crime No.20/2025, the police investigated the matter thoroughly and filed a charge sheet. 5. The present petitioner has been apprehended, while the first accused namely Maruf has been absconding from the date of the incident. An absconding charge sheet came to be filed against Maruf, showing him as the absconding accused. 6. Learned trial Magistrate has issued necessary process to secure the presence of first accused and matter is now pending in C.C.No.1722 and 2025. In the charge sheet, Abdul Rahim-CW-5 has been shown as an eye-witness to the incident - 4 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 and the injured Sayed Musa is shown as CW-4. The complaint is CW-1. 7. The attempt made by the petitioner to obtain an order of grant of bail was turned down by the learned District Judge. 8. Thereafter, the petitioner is before this Court. 9. Sri.Vijay Chiniwar, learned counsel for the petitioner reiterating the grounds urged in the petition, vehemently contented that there is no specific allegation against the present petitioner and even according to complaint averments, it is the first accused who assaulted CW-4 with iron rod on the head and face. Therefore, insofar as the present petitioner is concerned, there is no specific overt ct which would act as a deterrent in exercising the discretionary power vested in this Court under Section 483 of the BNSS and sought for grant of bail. 10. He would further contend that accused is in custody since 30.08.2025 and therefore, continuation of the accused in judicial custody is no longer warranted and sought for grant of bail. 11. He would also contend that CW-4 is also having criminal antecedents and therefore, the incident cannot be - 5 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 treated as an isolated incident and there is no voluntary causing of the hurt to CW-4 and sought for grant of bail. 12. Per contra, Learned High Court Government Pleader, while opposing the bail grounds would contend that CW-4 has sustained grievous injuries, as could be seen from the wound certificate collected by the Investigation Agency. In fact, there is a fracture of the parietal bone and but for the timely intervention of the other witnesses, other relatives of the injured, CW-4 would have lost his life in the incident. 13. According to the complaint averments itself, the motive for the incident is that CW-4 was threatening the petitioners that she would complain to the police about the illegal activities committed by the petitioner and the first accused. 14. He would further contend that, assuming for a moment that the CW-4 is having criminal antecedents, the same would not accord a licence for the petitioner and the first accused to assault CW-4 with an iron rod on a vital part and thus, sought for rejection of the bail. 15. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 16. On such perusal of the material on record, it is to be noted that the incident occurred at 23.50 p.m. on 24.02.2025. Admittedly, the complaint came to be lodged with the jurisdictional Bhatkal Police at about 02.00 a.m. on 25.02.2025. Though the case came to be registered on 25.02.2025 as Crime No.20/2025, the petitioner could be apprehended by the police only on 30.08.2025. 17. In the meantime, the petitioner had made an attempt to obtain bail, which was turned down by the Court. Further, first accused is still absconding and Investigation Agency has filed a charge sheet showing the first accused as absconding. 18. The material collected by the Investigation Agency, in the form of statements of the eyewitness, namely CW-5-Abdul Rahim, CW-1 the complainant and the injured witness CW-4 itself would be sufficient enough to appreciate the Court Acts attributable to the present petitioner as well. 19. Moreover, whether the present petitioner was only a bystander and did not assault the injured or not cannot be decided by this Court by holding a mini-trial. 20. Taking note of the gravity of the incident and considering the fact that the petitioner was not available to the - 7 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 Investigation Agency from 25.02.2025 till 30.08.2025, the circumstances clearly expose the role of the present petitioner in the incident. 21. Taking note of these aspects of the matter and also considering the fact that first accused is still absconding, this Court is of the view that, at least till the examination of the material witnesses, the request of the petitioner cannot be considered by exercising the discretionary special powers vested in this Court under Section 483 of the BNSS. 22. Suffice to say that, the petitioner may request for early trial or early committal of the case upon the Investigation Agency filing a spilt-up charge sheet against the first accused, so that the trial can be proceeded accordingly. 23. If there is a positive change in the circumstances of the petitioner’s case after the examination of the material witnesses, the petitioner may renew his request for the grant of bail by filing a successive bail application. - 8 - HC-KAR NC: 2026:KHC-D:645 CRL.P No. 104952 of 2025 24. With that liberty reserved for the petitioner, the following order is passed: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 1 SL NO.: 6