- 1 - NC: 2025:KHC-K:2639 CRL.P No. 200668 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200668 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. AYAZ AHMED S/O MAIBOOBASAB, AGED ABOUT 38 YEARS, OCC: AGRICULTURE, R/AT DIDDAGI VILLAGE, TQ. SINDHANOOR, DIST. RAICHUR-584 138. 2. ARIF RIZWAN S/O MAIBUBASAB, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/AT DIDDAGI VILLAGE, TQ. SINDHANOOR, DIST. RAICHUR-584 138. …PETITIONERS (BY SRI. B.K. HIREMATH, ADVOCATE) AND: 1. STATE, THROUGH SUB-INSPECTOR OF POLICE, BALAGANOOR POLICE STATION, REPRESENTED THROUGH ADDL. SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. ABDUL NABI SAB S/O USMAN SAB, AGE: 60 YEARS, OCC: AGRICULTURE, R/AT DIDDAGI VILLAGE, TQ. SINDHANOOR, DIST. RAICHUR-584 138. …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI. MAHANTESH PATIL, ADV. FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2639 CRL.P No. 200668 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO ALLOW THE BAIL PETITION FILED BY THE PETITIONERS/ ACCUSED NO. 1 AND 2 AND RELEASE THEM ON BAIL BY PUTTING ANY STRINGENT CONDITIONS AND SAME WILL BE ABIDE THE ACCUSED NO. 1 AND 2 / PETITIONERS IN CRIME NO.34/2025 OF BALAGANOOR PS RAICHUR, IN FIR NO. 20/2025 ON THE FILE OF SR. CIVIL JUDGE AND JMFC SINDHANOOR FOR OFFENCE PUNISHABLE U/SEC 351(2), 352, 329(4), 115(2), 74, 109, 49 R/W SEC. 3(5) OF BNSS ACT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Crime No.34/2025, registered by the Balaganur Police, Dist: Raichur for the offences punishable under Sections 351(2), 352, 329(4) 115(2), 74, 109, 49 read with Section 3(5) of the BNS, 2023 are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.34/2025 was registered by the Balaganur Police, Dist: Raichur for the aforesaid offences - 3 - NC: 2025:KHC-K:2639 CRL.P No. 200668 of 2025 against the petitioners herein and others based on the first information dated 08.03.2025, received from Abdul Nabisab, who is one of the injured victim in the present case. During the course of investigation of the case, the petitioners herein, who are arrayed as accused Nos.1 and 2 in the FIR were arrested 09.03.2025 and subsequently remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Criminal Miscellaneous No.5132/2025 was rejected. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that there is civil dispute between the parties and it is in this background, in the alleged incident that had taken place on 08.03.2025, the parties had fought against each other and the petitioners allegedly had assaulted the first informant and others. Undisputedly, the petitioners have not used any weapons to assault the first informant and other victims in the present case. The allegation is that they had assaulted the first informant and others with - 4 - NC: 2025:KHC-K:2639 CRL.P No. 200668 of 2025 their hands and legs. Perusal of the record would go to show that the first informant and other victims have not suffered any grievous injuries in the incident in question. The petitioners do not have any criminal antecedents and they are in custody from 09.03.2025. Major portion of investigation is already completed. Considering the aforesaid aspects, I am of the opinion that the prayer made by the petitioners who are agriculturist by avocation for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.34/2025, registered by the Balaganur Police, Dist: Raichur for the offences punishable under Sections 351(2), 352, 329(4) 115(2), 74, 109, 49 read with Section 3(5) of the BNS, 2023, pending before the III Additional District and Sessions Judge, Raichur, sitting at Sindhanur, subject to the following conditions: - 5 - NC: 2025:KHC-K:2639 CRL.P No. 200668 of 2025 a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE MSR List No.: 1 Sl No.: 27 CT: AK