[Cites 7, Cited by 0]
Karnataka High Court
Vijay S/O Yamanappa Alur vs The State Of Karnataka on 6 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:1718
CRL.P No. 100004 of 2026
HC-KAR
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,
CHANDRASHEKAR DHARWAD BENCH, DHARWAD 580011.
LAXMAN
KATTIMANI
...RESPONDENT
Digitally signed by
THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S.
CHANDRASHEKAR
LAXMAN
KATTIMANI
483 OF BNSS, 2023) SEEKING TO ENLARGE THE
Date: 2026.02.07
12:01:08 +0530
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:
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CRL.P No. 100004 of 2026
HC-KAR
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.
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HC-KAR
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.
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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
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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.
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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.
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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
