- 1 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 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. 105294 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MAJIDSAB S/O RASULSAB NADAF AGE. 46 YEARS, OCC. DRIVER, R/O. BEVINAKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI 591102. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (GOKUL ROAD POLICE STATION, HUBBALLI) REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580011. …RESPONDENT (BY SRI. P.N.HATTI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C.(U/S. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.3, ON REGULAR BAIL IN CONNECTION WITH GOKUL ROAD, HUBBALLI, DHARWAD CITY P.S. IN CRIME NO. 143/2025 FOR THE ALLEGED OFFENCE P/U/SEC. 132, 109 R/W 3(5) OF BNS PENDING BEFORE JMFC 3RD COURT HUBLI DHARWAD BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 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 R.H.Angadi, leanred counsel for the petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent. 2. Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS 2023’, for short) with the following prayer: “Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly and graciously prayed that, this Hon'ble Court be pleased to enlarge the present petitioner, who is arrayed as accused No.3, on regular bail in connection with Gokul Road, Hubballl, Dharwad city, P.S on Crime No.143/2025, for the alleged offences punishable U/Sec 132, 109 R/w 3(5) of BNS Pending Before JMFC 3rd court, Hubli-Dharwad, by allowing this petition, to meet the ends of justice.” 3. Facts of the case which are utmost necessary for disposal of the present petition are as under: - 3 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 of 2025 Police Constable by name Sunil Lamani of Gokul Road Police Station, Hubballi lodged a complaint with Gokul Road Police Station stating that the accused-petitioner tried to overpower the police and tried to hurt the persons who are present near the barricade by dashing the vehicle to the barricade, which would have resulted in taking away the life of the police constables who are on duty. Based on the complaint, a case came to be registered in Crime No.143/2025 for the offences punishable under Section 132 and 109 read with Section 3(5) of BNS. 4. Police arrested the petitioner in the month of September 2025 and thereafter sent to judicial custody. Attempt made by the petitioner to obtain an order of grant of bail is turned down by the learned Trial Judge and thereafter petitioner is before this court. 5. Sri R.H.Angadi, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the act of the petitioner at any stretch of - 4 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 of 2025 imagination cannot be equated to attempt to murder and in order to aggravate the incident, police have wrongly invoked the offence of attempt to murder and therefore, sought for grant of bail. 6. He would also contend that the petitioner being in custody has co-operated with the investigation and charge sheet is also filed and therefore continuation of the accused in judicial custody is no longer warranted. 7. Per contra, Sri P.N.Hatti, learned High Court Government Pleader opposes the bail grounds by contending that the petitioner has tried to take head-on with the police personnel and tried to assault the police personnel by dashing his vehicle to the barricade, which itself shows that he is not a law-abiding citizen 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. - 5 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 of 2025 9. On such perusal of material on record, the petitioner has co-operated with investigation and the incident has to be established by the prosecution by placing necessary oral and documentary evidence on record during the trial. 10. Since the charge sheet is filed, continuation of the accused-petitioner is no longer necessary. 11. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 12. Accordingly, following order is passed. ORDER i. Petition is allowed. ii. Petitioner shall be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for likesum to the satisfaction of the learned Magistrate. iii. Petitioner shall attend the Court regularly. - 6 - HC-KAR NC: 2026:KHC-D:114 CRL.P No. 105294 of 2025 iv. Petitioner shall not tamper the prosecution witnesses in any manner. v. Petitioner shall not leave jurisdiction of Dharwad District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 1 SL NO.: 46