(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is arraigned as accused No.12 is before this Court seeking regular bail in Crime No.97/2025 of Murudeshwar Police Station for the offences punishable under Sections 109 , 115(2) , 118(2) , 189(2) , 191(2) , 352 and 190 of Bharatiya Nyaya Sanhita, 20231, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal.

The factual matrix of the case;

2. The complainant was doing a business of booking rooms for the Tourists at Murudeshwar. The accused No.1 was also doing same business. There was a rivalry between two groups in respect of same issues. On 20.08.2025 in the midnight at about 12:30 am, when the complainant was on Murudeshwar Temple Road, when he was proceeding near the Indraprasta Hotel, the accused persons formed unlawful assembly with a common object to quarrel with the 1 For short 'BNS, 2023' -3- NC: 2025:KHC-D:15983 CRL.P No. 104648 of 2025 HC-KAR complainant, the accused No.1 abused him in a filthy language and assaulted him by hands. In the meantime, the complainant pushed the accused No.1. Being aggrieved by the said act, accused No.1 with an intention to kill him, assaulted him with sickle on the back side of his head and on his right shoulder and caused grievous injuries. The accused No.2 assaulted the complainant with stick on the right leg and caused internal injury and rest of the accused have assaulted the complainant with hands and legs etc. Hence, the complaint came to be registered. Upon the complaint, the respondent/Police registered a case. The investigation is under progress. The petitioner is in Judicial Custody.

3. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of alleged offences and he has been falsely implicated in this case. Even assuming that the overt-act of the petitioner is that, he had assaulted the complainant with hands and legs, that would not attract the ingredients of Section 109 of BNS, -4- NC: 2025:KHC-D:15983 CRL.P No. 104648 of 2025 HC-KAR 2023. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions the learned counsel for the petitioner prays to allow the petition.

4. Per contra, the learned High Court Government Pleader vehemently submitted that in furtherance of common intention in order to commit murder, assaulted the complainant with lethal weapon like sickle and also stick and caused injuries on the vital parts of the body. Therefore, petitioner is not entitled for the relief as prayed for.

5. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the accused Nos.1 and 2 are stated to have assaulted the complainant with stick and sickle. However, the present petitioner who is arrayed as accused No.4 is stated to have assaulted with hands and legs. Having considered the overt-act of the petitioner, it is appropriate to grant bail by imposing suitable conditions.

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6. Hence, I proceed to pass the following;

i) The Criminal Petition is allowed.

offences punishable under Sections 109 , 115(2) , 118(2) , 189(2) , 191(2) , 352 and 190 of BNS, 2023, pending on the file of Senior Civil Judge and JMFC Court, Bhatkal, by executing a personal bond of ₹1,00,000/- [Rupees One Lakh only] with one surety to the satisfaction of the Trial Court subject to following conditions;

a) The petitioner shall appear before the Trial Court on all hearing dates without fail.

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b) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court.

c) The petitioner shall cooperate with the investigation till filing of the final report.

d) The petitioner shall not leave the jurisdiction till filing of the charge- sheet.

(S.RACHAIAH) JUDGE VMB List No.: 1 Sl No.: 16