- 1 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200480 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. SIDDALINGAPPA @ SHIVALINGAPPA S/O BHIMANNA HOSMANI @ BHIMANNA BEVINAL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O SAMUDRA VILLAGE, TQ. DEVADURGA, DIST. RAICHUR-584 111. …PETITIONER (BY SRI A.M.NAGRAL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE JALAHALLI POLICE STATION, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 103. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD)/483 OF BNSS (NEW), PRAYING TO ALLOW THIS BAIL PETITION, THEREBY ORDER THE RELEASE OF THE PETITIONER ON BAIL IN JALHALLI PS CRIME NO.32/2025, PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM Court, DEODURGA, FOR THE OFFENCES PUNISHABLE U/S 118(1), 49, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 109, 352, 351(2) R/W S. 3(5) OF BHARATIYA NYAYA SANHITA, 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioner, who is arrayed as accused No.1 preferred this petition seeking regular bail in Crime No.32/2025 registered by Jalhalli police station, Raichur, for the offences punishable under Sections 118(1), 49, 109, 352, 351(2) read with Section 3(5) of BNS, 2023. 2. It is the case of the prosecution that one year ago, the complainant was talking with the wife of the petitioner namely, Mahadevamma. After having seen that he was talking with said Mahadevamma, the petitioner who is arrayed as accused No.1 and her son, who is arrayed as accused No.2 had threatened the complainant that they would kill him if he again talk with the said - 3 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 Mahadevamma. The matter had been settled by the intervention of the elders. 3. On 09.02.2025, when the complainant was sitting along with his friend on the dais of Hanuman temple, the accused Nos.1 and 2 after having received the information that the complainant was scolding them, they came to the spot. The accused No.1 assaulted with an iron chain and accused No.2 assaulted with the knife and caused injuries to the complainant. He was shifted to the hospital for treatment. After taking treatment, he lodged a complaint on 11.02.2025. 4. Heard the learned counsel for the petitioner Sri A.M.Nagaral and learned High Court Government Pleader Sri G.B.Yadav for the respondent – State. 5. It is the submission of the learned counsel for the petitioner that the petitioner is arrayed as accused No.1. The allegation made against the petitioner is that he had assaulted the complainant with an iron chain and - 4 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 caused injuries to him. The said injuries are considered and determined by the Doctor as simple in nature. It is further submitted that there is a delay in lodging the complaint, which is fatal to the case of the prosecution. The petitioner is aged about 50 years and he is an agriculturist. He is permanent resident of Samudra village and he will abide by the conditions imposed by this Court in the event of releasing him on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that, the petitioner, who is arrayed as accused No.1, he had assaulted the complainant with an intention to commit the murder and consequently, the complainant had sustained grievous injuries. In case, if the petitioner is enlarged on bail, there may be chances of threatening the injured and there may be chances of absconding from the case. Therefore, he prays to reject the bail. - 5 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that the alleged incident had taken place on 09.02.2025, however, the complaint came to be registered on 11.02.2025. Though it is stated that the complainant was admitted in the Government Hospital, the Doctor, who treated the complainant had to inform the jurisdictional police to consider the said incident as Medico Legal Case. However, it is stated that the complainant himself lodged a complaint after taking treatment which creates a doubt. Without adverting to the further merit of the case, I am of the considered opinion that the petitioner has made out a case to grant him bail. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.32/2025 registered by Jalhalli police station, Raichur, for the offences punishable under Sections - 6 - NC: 2025:KHC-K:1906 CRL.P No. 200480 of 2025 118(1), 49, 109, 352, 351(2) read with Section 3(5) of BNS, 2023, by executing personal bonds for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall cooperate with the investigation as and when required. b) The petitioner shall not threaten or tamper the prosecution witnesses. c) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 27 CT: AK