KADW2B0017682025
IN THE COURT OF THE I ADDL. DISTRICT &
SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI.
Present
Smt. Pallavi B.R., B.A.L., LL.B.
I Addl. District and Sessions Judge,
Dharwad, Sitting at Hubballi.
[Link]. No. 5582/2025
Dated this the 28th day of October, 2025
Petitioners 1. Rakshak @ Gorakashaknath S/o
Devindra Alakunti, Age : 28 years,
Occupation : Agriculture,
R/o : Toravi Hakkal, Hubballi.
2. Dixit S/o Mahandra Alakunti,
Age : 22 years, Occupation :
Agriculture, R/o : Toravi Hakkal,
Hubballi.
3. Rahul @ Sonu S/o Prakash
Savanur, Age : 22 years,
Occupation : Coolie, R/o : Jagadish
Shettar Colony, At present Anand
Nagar, Old Hubballi, Hubballi.
(A-1, A-3 and A-6 respectively)
(By Sri. R. G. Matti, Advocate)
-Vs-
Respondent : State by Kamaripeth Police Station,
Hubballi.
(By Public Prosecutor, I Addl.
District Court, Hubballi)
2 Crl. Misc. No. 5582/2025
ORDER ON BAIL PETITION U/S 483 OF BNSS
This is a petition filed by the petitioners under Section
483 of BNSS seeking for bail in connection with Crime
No. 53/2025 of Kamaripeth Police Station, Hubballi
pending on the file of JMFC-III Court, Hubballi for the
offence punishable under Sections 109, 189(2), 191(3),
324(4), 351, 352 R/w 190 of BNS.
2. The brief facts of the case are that, on
14.10.2025 at 3.30 am, the petitioners along with other
accused in prosecution of their common object to commit
offence, infront of the house of complainant situated at
Sunagar oni, Toravi Hakkal, Hubballi came in intoxicated
condition. Petitioner No.1 was holding knife, petitioner
No.2 was holding iron rod and petitioner No.3 was holding
brick in their hands and without any reason they by
kicking the doors of the houses situated in the said
locality, broken the same and caused loss to the
residents. Further they were threatening that they will set
fire to the houses and also abused in filthy language.
By seeing the criminal and rude behaviors of the
3 Crl. Misc. No. 5582/2025
petitioners, when the complainant went and asked as to
why they are knocking and breaking the doors of the
houses, the petitioners and other accused raised quarrel
with complainant and criminally intimidated him saying
ಸೂಳೆ ಮಗನಾ ಈವತ್ತು ನಿನಗೆ ಮುಗಿಸಿಯೇ ಬಿಡುತ್ತೇವೆ and petitioner
No. 1 with an intention of murdering complainant tried to
stab him and other petitioners abused him in filthy
language and threatened with dire consequences. On
these allegations, the complaint came to be registered
against the petitioners and other accused for the offence
mentioned supra. The petitioners are arrayed as accused
No.1, 3 and 6 in the FIR.
3. The petitioners No.1 to 3 have sought for bail on
the ground that they are innocent, law abiding citizen
and they have been falsely implicated in this case. They
are in no way concerned with the alleged offence. Though
the alleged offence are non-bailable, the same are not
punishable with extreme penalty of death. The petitioners
are in judicial custody since 14.10.2025. There are no
reliable documents, evidences or rebuttal statements
forth coming so as to substantiate the allegations made
4 Crl. Misc. No. 5582/2025
against the petitioners. The ingredients of Section 109(1)
are not at all attracted and there is no specific overt act
attributed against the petitioners in the complaint. The
petitioners No.1 and 2 are agriculturists and petitioner
No.3 is coolie. Petitioner No.1 is having two minor
children and petitioner No.2 and 3 are having their old
aged parents who are entirely depending upon the
petitioners for their livelihood. If they are continued to be
detained in JC, their family would be put to hardship.
Since the petitioners have been already interrogated and
remanded to custody, they are no more required for
further investigation or interrogation. Petitioners are
residents at the address shown in cause title of petition
and as such they will not abscond from justice in case of
grant of bail. Further, contending that the petitioners are
ready to abide by any conditions that may be imposed by
this court, sought for releasing them on bail.
4. The learned Public Prosecutor has filed objections
with report of the I.O. narrating the facts of the case and
resisted the bail petition on the ground that the offence
5 Crl. Misc. No. 5582/2025
alleged against the petitioners are severe and heinous and
the offence alleged under Section 109 of BNSS is
punishable with imprisonment which may extend 10
years. The investigation is under progress. There is prima-
facie materials against this petitioners for having
committed the alleged offence. At this stage, if the
petitioners are released on bail, there is likelihood of them
absconding, tampering the prosecution witnesses besides
indulging in criminal activities. So contending, the
learned Public Prosecutor has prayed to reject the bail
petition.
5. Heard the arguments of learned counsel for the
petitioners and learned Public Prosecutor. Perused the
records.
6. On the basis of the above materials, the following
Points arise for the consideration of this Court.
1. Whether the petition filed by the petitioners
invoking Section 483 of BNSS deserves to
be allowed?
2. What order?
7. The findings to the above said points are as
follows:
6 Crl. Misc. No. 5582/2025
Point No.1 : In the Affirmative,
Point No.2 : As per final order,
for the following;
REASONS
8. Point No.1 :- On careful perusal of the
materials on record, it is seen that, the petitioners have
been complained of committing the offence punishable
under Sections 109, 189(2), 191(3), 324(4), 351, 352
R/w 190 of BNS. The petitioners herein is arrayed as
accused No.1, 3 and 6 in the FIR.
9. Remand application produced in this case shows
that the petitioners herein were arrested on 14.10.2025
and since then they are in Judicial custody. Further, the
material on record shows that the complainant has not
sustained any injuries as he escaped from the blow and
ran away from the spot. The prosecution has not
produced any documents to show that the complainant is
still undergoing treatment. The material on record shows
that there is case and counter case in respect of the very
same incident in Cr No. 53/2025 and 54/2025. Though
the offence alleged are non-bailable in nature, the same
7 Crl. Misc. No. 5582/2025
are not punishable with extreme penalty of death.
Moreover these petitioners have already been interrogated
and hence they are no more required for further
investigation or interrogation. Further the petitioners have
undertook to abide by any conditions that may be
imposed by this court in case of grant of bail. The
petitioners have made out grounds for granting bail.
Hence, they are entitled to be released on bail by
safeguarding the apprehension of the Ld. Public
prosecutor by imposing suitable conditions. Accordingly
point No.1 raised for consideration is answered in the
affirmative.
10. Point No.2 :- In view of answer to point
No.1 and for the reasons stated above, this Court
proceeds to pass the following :
ORDER
The bail petition filed by the petitioners
under Sec.483 of BNSS is hereby allowed.
The petitioners shall be released on bail
on their executing personal bond for sum of
Rs. 50,000/- with one surety for the like sum,
on the following conditions;
8 Crl. Misc. No. 5582/2025
1. The petitioners shall appear before the
court on all hearing dates.
2. The petitioners shall not indulge in
commission of any offence.
3. The petitioners shall not tamper or
threaten the complainant or any
other prosecution witnesses either
directly or indirectly.
(Dictated to the Stenographer Grade-III online, corrected, signed
and then pronounced by me, this the 28th day of October, 2025).
(B.R Pallavi)
I Additional District and Sessions Judge,
Dharwad, sitting at Hubballi.