- 1 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100004 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: VIJAY S/O YAMANAPPA ALUR AGE: 24 YEARS, OCC: COOLIE, R/AT: GIRINICHAL, KARWAR ROAD, ARAVINDNAGAR 2ND CROSS, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD 580028 …PETITIONER (BY SRI. MOT GOURISHANKAR HARISHCHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA HUBBALLI SUB URBAN POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580011. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL AS ATTACHED IN HUBBALLI SUB URBAN POLICE STATION CRIME NO.35/2025 IN SC NO. 5088/2025 PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI FOR THE OFFENCE P/U/SEC. 109, 132, 351(3), 352 OF BNS, 2023 WHICH IS PENDING. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.07 12:01:08 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Gouri Shankar Mot, learned counsel for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader for the State/respondent. 2. Present petition is filed under Section 483 of Cr.P.C. with the following prayer: “Wherefore, it is humbly prayed before the Hon’ble Court be pleased to enlarge the petitioner/accused on regular bail as attached in Hubballi Sub Urban Police Station Crime No.35/2025 in SC No.5088/2025 pending on the file of Hon’ble 1st Additional District and Sessions Judge, Dharwad, Sitting at: Hubballi for the offence punishable under Section 109, 132, 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 which is pending, interest of justice.” 3. Upon the complaint lodged by Renappa Sikkaliger, Civil Police Constable – 3030, Hubballi Sub-Urban Police Station registered a case in Crime No.35/2025 on 23.03.2025 alleging the commission of the offence punishable under Sections 109, 132, 351(3) and 352 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 4. Gist of the complaint averments would reveal that the complainant was entrusted with the work of service of notice to the petitioner and when the complainant tried to serve the notice on the petitioner, there was a scuffle and petitioner tried to assault the complainant with the stone and in the process, he fell down and sustained injury on his right shoulder. 5. Thereafter, the injured was taken to the Kims Hospital, Hubballi wherein the x-ray has been taken and there was no such fracture and injury has been noted as simple injury and he was discharged. 6. Police after thorough investigation, filed charge sheet inter alia apprehended the petitioner. 7. Attempt made by the petitioner to obtain an order of grant of bail is rejected by the learned District Judge on the ground that petitioner is a known rowdy sheeter facing three criminal cases. 8. Thereafter, petitioner is before this Court, in this petition seeking grant of bail. - 4 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 9. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that petitioner is a law abiding citizen and police are unnecessarily filing false charge sheet against the petitioner and he is facing trial in all the cases and a trivial incident has been blown out of proportion and a case came to be filed for the aforesaid offences enhancing the gravity of the incident with ill-motivation and sought for grant of bail. 10. Per contra, learned High Court Government Pleader for the respondent/State would contend that petitioner is a known criminal and he is facing three criminal cases and rowdy sheeter is opened against the petitioner. 11. He would further contend that when the complainant was discharging his official duty, the petitioner high handedly assaulted him resulting in injury as per the wound certificate. 12. He would further contend that even though the injury noted in the wound certificate is simple in nature; the attempt made by the petitioner to assault the complainant with a stone, on his head, itself shows that he had the intention to take away - 5 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 the life of the complainant and therefore, sought for rejection of the bail. 13. Having heard the parties in detail, this Court perused the material on record meticulously. 14. On perusal of the material on record, it is crystal clear that the accused has attempted to assault the complainant and obstructed his official duty. 15. Fact of three pending criminal cases cannot be lost sight of by this Court while considering the request of the petitioner. 16. Nevertheless, since the complainant has sustained a simple injury and having discharged from the hospital on the same day, gravity of the offences is lowered down to a considerable extent. 17. While considering the bail request, it is also necessary to put the petitioner on strict and stringent conditions with liberty for the prosecution to seek for cancellation of the bail if there is any further criminal act committed by the petitioner. - 6 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 18. Ends of justice would meet by allowing the request of the petitioner on strict and stringent conditions. 19. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner in Crime No.35/2025 of Hubballi Sub- Urban Police Station is enlarged on bail by taking a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. iii. Petitioner shall not tamper the prosecution witnesses in any manner. iv. Petitioner shall appear before the Court regularly. v. Petitioner shall mark his attendance before the Investigation Officer, Hubballi Sub-Urban Police Station between 10.00 a.m. to 2.00 p.m. every third Sunday till the trial is concluded. - 7 - HC-KAR NC: 2026:KHC-D:1718 CRL.P No. 100004 of 2026 vi. Petitioner shall not leave the jurisdiction of Dharwad 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 List No.: 1 Sl No.: 16