- 1 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200505 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. RAMALINGAPPA S/O GUNDAPPA, AGE: 48 YEARS, OCC: AGRICULTURE, 2. SRI GUNDAPPA S/O HANUMANTRAYA, AGE: 40 YEARS, OCC: AGRICULTURE, 3. SRI RANGAPPA @ RANGANNA S/O HANUMANTRAYA, AGE: 26 YEARS, OCC: AGRICULTURE, 4. SRI YANKAPPA S/O HANUMANTRAYA, AGE: 26 YEARS, OCC: AGRICULTURE, 5. SRI SIDDANNA S/O HANUMANTRAYA, AGE: 25 YEARS, OCC: STUDENT, 6. SRI HANUMAYYA S/O ANJINAYYA, AGE: 30 YEARS, OCC: AGRICULTURE, 7. SRI HANUMAYYA @ AMMAYYA S/O SRI HANUMANTRAYA, AGE: MAJOR, OCC: AGRICULTURE, 8. SRI BASAVARAJ S/O HANUMAYYA, AGE: 35 YEARS, OCC: AGRICULTURE, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 ALL ARE R/O VENGALAPUR SIMEDODDI, PO KARIGUDDA, TQ: AND DIST: RAICHUR – 584111. …PETITIONERS (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, DEVADURGA POLICE STATION, CIRCLE LINGASUGUR, SUB-DIVISION, TQ: DEVADURGA, DIST: RAICHUR-584111, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION THEREBY DIRECTING THE RESPONDENT POLICE/DEVADURGA POLICE STATION, DIST: RAICHUR TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.63/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, 351(2), 190 OF BNS, 2023 AS PER FIR, NOW PENDING ON THE FILE OF MUNSIFF AND JMFC COURT, DEVADURGA, DISTRICT RAICHUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused seeking anticipatory bail in Crime No.63/2025, registered by the Devadurga Police Station, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, 351(2) and 190 of BNS, 2023. 2. It is the case of the prosecution that on 15.02.2025. Smt. Mallamma W/o Shivappa lodged a complaint stating that the accused No.2 Gundappa in a drunken state had quarreled with the husband of the complainant. On 15.02.2025 at about 12-30 a.m. when the husband of the complainant and their children had gone to get their tractor back, which was parked near the Krishna river, all the petitioners stated to have formed an unlawful assembly by holding clubs and stones in their hands and stated to have assaulted the husband of the complainant and her children. Therefore, she lodged a - 4 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 complaint. The respondent/police have registered the case in Crime No.63/2025. 3. Heard Sri Sanjay A. Patil, learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent of the alleged offences. They have not committed any offences as stated in the complaint. In fact, one of the petitioners, who is arrayed as the accused No.2 stated to have quarreled with Shivappa on the previous day and he had sustained injuries. However, he did not lodge a complaint. In the meantime, a false complaint has been foisted against the petitioners only in order to avoid further complications. 5. It is further submitted that even assuming that the petitioners have assaulted the injured Shivappa, he has been discharged from the hospital on 17.02.2025. - 5 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 Thought the offence under Section 118(2) of BNS, 2023 is considered as heinous in nature, the fact remains that, nothing is there to show the fracture injury. Hence, the offence under Section 118(2) of BNS, 2023 is not applicable to the case on hand. Therefore, the learned counsel for the petitioners prays to allow the petition. 6. Per contra, the learned High Court Government Pleader would contend that the offences alleged against the petitioners are heinous in nature. All the petitioners have assaulted Shivappa and caused injuries and also broken the hand of the said Shivappa. The petitioners had intention to commit the murder of said Shivappa. However, after taking treatment, the said Shivappa has been discharged from the hospital. Hence, it is not appropriate to grant bail to the petitioners. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that the incident had taken place at the midnight and none of the independent witnesses have - 6 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 seen the incident except injured. It is needless to say that there was a quarrel between accused No.2 and injured on the previous day. The complainant being the wife of the injured, though she narrated the overt-act, as she was not an eyewitness to the incident, it would be hard to believe the over-act as narrated by her. 8. Having considered the facts and circumstances of the case, it is appropriate to grant anticipatory bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The respondent/Police is directed to release the petitioners in the event of their arrest in Crime No.63/2025 registered by the Devadurga Police Station, Dist. Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, 351(2) - 7 - NC: 2025:KHC-K:2062 CRL.P No. 200505 of 2025 and 190 of BNS, 2023, pending before the Munsiff and JMFC, Devadurga, subject to the following conditions: (i) The petitioners shall execute personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the investigating officer. (ii) The petitioners shall not tamper the prosecution witnesses and shall not hamper the prosecution case. (iii) The petitioners shall co-operate with the investigation and appear before the investigating officer whenever called upon. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 23 CT: PK