- 1 - NC: 2025:KHC-K:2040 CRL.P No. 200532 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. 200532 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SRI. BHIMANNA S/O SIDDALINGAPPA HOSMANI, AGE: 22 YEARS, OCC: AGRICULTURE, R/O. SAMUDRA VILLAGE, TQ.DEVADURGA, DIST.RAICHUR-584111. …PETITIONER (BY SRI R.S. LAGALI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH THE JALAHALLI POLICE, DIST. RAICHUR, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI -585103. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P IS FILED U/S 482 OF BNSS, 2023 PRAYING TO ALLOW THIS PRE-ARREST BAIL PETITION , THEREBY PASS SUITABLE ORDERS DIRECTING THE CONCERNED POLICE AUTHORITIES TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH JALAHALLI P.S. DIST RAICHUR CRIME NO. 32/2025 PENDING ON THE FILE OF HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., COURT, DEODURGA FOR THE OFFENCES PUNISHABLE U/S 118(1), 49, 109, 352, 351 (2) R/W SEC. 3(5) OF BHARATIYA NYAYA SANHITA, 2023. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2040 CRL.P No. 200532 of 2025 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) 1. The petitioner being accused No.2 as per the FIR seeking anticipatory bail in Crime No.32/2025 for the offences stated in the preamble. Factual matrix of the case: 2. It is the case of the prosecution that the complainant once had spoken with Mahadevamma who is the wife of Siddalingappa Hosamani. The relatives of the said Mahadevamma had warned him for having spoken with the said Mahadevamma. The matter had been pacified by the intervention of well-wishers and elders. 3. On 09.02.2025, around 8.00 p.m., when the complainant was sitting along with Shivanna on the dais of the temple talking about catching the fish in the canal, the accused was present near the said dais in front of the petty shop. It is stated that, due to misunderstanding about the - 3 - NC: 2025:KHC-K:2040 CRL.P No. 200532 of 2025 words uttered by the complainant, he stated to have been assaulted on different parts of his body and caused injuries. Further, he was also assaulted by a knife. As such, a case came to be registered by the complainant. The respondent - police registered a case in Crime No.32/2025. 4. Heard Sri.R.S.Lagali, learned counsel for the petitioner and Sri.Gopal Krishna Yadav, learned HCGP for the respondent – State. 5. It is the submission of the learned counsel for the petitioner that though the alleged offences as stated in the FIR are made out, the fact remains that, Section 109 of BNS, 2023 is the major offence, however, the complainant has been discharged. 6. It is further submitted that the petitioner had no intention to commit the murder of the petitioner. Hence, simple injuries have been caused to the complainant. Therefore, he may be enlarged on bail in the event of his arrest. Making such submissions, the learned counsel for the petitioner prays to allow the petition. - 4 - NC: 2025:KHC-K:2040 CRL.P No. 200532 of 2025 7. Per contra, the learned High Court Government Pleader for the respondent – State vehemently opposed the bail petition by contending that the major offence like 109 of BNS, 2023 is punishable with imprisonment for life and the petitioner has used a weapon like knife with an intention to commit murder of the injured. Therefore, it is not appropriate to grant bail. Making such submissions, the learned HCGP prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, both the complainant and the petitioner were not in good terms. There was a dispute between the complainant and the petitioner relating to Mahadevamma who is the wife of Siddalingappa Hosamani, who is accused No.1 in this case. 9. The manner in which the assault had taken place appears to be inhuman and barbaric. Having considered the major offence and also the gravity thereof, it is not proper to grant relief as prayed for. 10. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC-K:2040 CRL.P No. 200532 of 2025 ORDER The petition is dismissed. Sd/- (S RACHAIAH) JUDGE TMP/UN List No.: 1 Sl No.: 27 CT:PK