CIVIL APPEAL 101994 of 2025 on 31 December 2024

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State.

2. The petitioners/accused Nos.6 and 7 have filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in S.C.No.5038/2025, pending on the file of I Additional District and Sessions Judge, Dharwad sitting at Hubballi in connection with Old Hubballi P.S. Crime No.300/2024 for the offences punishable under Sections 103(1), 61(2), 109, 118(2), 126(2), 189(2), 191(2), learned 191(3), 352, 351(2), 351(3) R/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’).

3. Brief facts of the prosecution case is as under; On 30.12.2024 at about 07:35 p.m., near Ghodake plot, Mother Theresa School, accused Nos.1 to 3 took quarrel with the complainant’s son by name Sameer Shaik in respect of the incident which had taken place on 29.12.2024 and hence, they abused him in filthy language and intentionally insulted him and with an intention of causing death of Sameer Shaik, accused No.1 stabbed him by knife over his abdomen and accused No.2-Rabbani Halemani and accused No.3-Iqbal Halemani with an intention of causing death of complainant’s brother by name Javeed, stabbed him over his right forearm and caused severe injuries and other accused persons with an intention to cause death, assaulted Sameer and Javeed with hands and legs; threatened the Sameer and Javeed with dire consequence. Hence, both, the Sameer and

Javeed were taken to KIMS hospital, Hubballi for treatment and on 01.01.2025 at 09:30 a.m., the injured Sameer succumbed to the injuries in the hospital. Hence, a complaint has been lodged for the aforesaid offences.

4. During the course of investigation, accused No.6 has been arrested on 01.01.2025 and accused No.7 was arrested on 02.01.2025 and they were remanded to judicial custody. After completion of investigation, charge-sheet has been filed against accused Nos.1 to 11 for the aforesaid offences.

5. Learned counsel for the petitioners contended that the petitioners are innocent, they have been falsely implicated in this case, there are no overt act alleged against them and nothing is recovered from these petitioners; the only allegation against accused Nos.1 to 3, 6 and 7 is that, they have wrongfully restrained the deceased Sameer and assaulted him with hands and legs. The petitioners are ready to abide by the conditions to be HC-KAR

imposed by this Court. With these grounds, she prayed for allowing the petition.

6. Per contra, learned High Court Government Pleader has filed statement of objections contending that the petitioners are involved in the offences punishable under Sections 103(1) of BNS, 2023 (Section 302 of IPC), there is a prima facie case against them and if they are released on bail, they may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offences, the petitioners are not entitled for bail. Hence, prayed for rejection of petition.

7. Perused the material available on record.

8. The Investigating Officer after completion of investigation has filed the charge-sheet against accused Nos.1 to 11. On perusal of Column No.17 of the charge-sheet, the Investigating Officer opined that on 30.12.2024, accused Nos.1 to 11 were made criminal conspiracy to commit the murder of Sameer. Hence, accused Nos.1 to 3

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took quarrel with Sameer and they stabbed with knife on his abdomen. As per the post mortem report, it revealed that there were two stab injuries found on the dead body of Sameer. As per the charge-sheet material, the allegation against these petitioners is that they wrongfully restrained the deceased Sameer and assaulted him with hands and legs.

9. At this juncture, prima facie from perusal of the entire prosecution papers, there are no material against accused Nos.6 and 7 to attract Section 103(1) of BNS, 2023 (Section 302 of IPC). The prima facie allegation is against accused Nos.1 to 3.

10. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioners, gravity of offence, severity of punishment, chances of petitioners absconding or fleeing away from justice if released on bail, character and antecedents of the petitioners tampering of the prosecution witnesses, the petitioners are entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following;

ORDER

The petition filed under Section 439 of Cr.P.C., is allowed.

The petitioners (accused Nos.6 and 7) are ordered to be enlarged on bail in S.C.No.5038/2025 (Crime No.300/2024 of Old Hubballi Police Station), on the file of I Additional District and Sessions Judge, Dharwad sitting at Hubballi, on they executing personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions:

i)The petitioners shall not tamper the prosecution witnesses and shall not threaten the witnesses; prosecution witnesses and shall not threaten the witnesses;

ii)The petitioners shall appear before the Court regularly without fail; regularly without fail; HC-KAR

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NC: 2025:KHC-D:7277

CRL.P No. 101994 of 2025

iii)The petitioners shall not involve themselves in similar offences.

NOTE: The above observation is made only for disposal of this petition.

Sd/- (VENKATESH NAIK T) JUDGE

AM/ CT-AN List No.: 1 Sl No.: 26