- 1 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200664 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. S. UPENDRA @ UPENDRAREDDY S/O RAJU @ RAJENDRAREDDY, AGE: 24 YEARS, OCC: BUSINESS, R/O H.NO.10-8-61/1, NEAR LAXMAMMA TEMPLE, MAKTALPET, RAICHUR–584101. 2. GURUSWAMY @ PANDUREDDY @ GURUSWAMYREDDY, S/O GOPALREDDY, AGE: 23 YEARS, OCC: BUSINESS, R/O H.NO.10-8-54 MAKTALPET, RAICHUR-584101. …PETITIONERS (BY SRI BASAVARAJ KAREDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, RAICHUR WEST POLICE STATION, THROUGH ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103 …RESPONDENT (BY SRI G.B. YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 THIS CRL.P. IS FILED U/SEC. 482 OF BNSS, 2023 PRAYING TO, ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO.30/2025 OF RAICHUR WEST POLICE STATION, RAICHUR U/SEC 109, 115(2), 118(1), 352, 351(2), R/W 3(5), PENDING ON THE FILE OF IVTH ADDL. JMFC, RAICHUR. 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) This petition is filed by accused Nos.1 and 2 seeking anticipatory bail in the event of their arrest in Crime No.30/2025 of Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 115(2), 118(1), 352, 351(2) read with Section 3(5) of BNS, 2023. 2. It is the case of the prosecution that the respondent/police, after visiting Sri Shivam Hospital, - 3 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 received a written complaint which indicates that on 12.03.2025 at about 10-57 a.m., accused No.1 asked the brother of the complainant to come near Krishna Meadows main gate. Accordingly, the complainant and his brother went near the said gate. There, they found that accused Nos.1 and 2 were present. When his brother was talking with Guruswamy, who is accused No.2 regarding certain vulgar massages in snap chat, all of a sudden, accused No.1 pushed his brother and fell him down on the ground and thereafter accused No.2 assaulted with hands to his brother. Again accused No.1 by scolding in a vulgar language, took the knife and assaulted on different parts of the body. In the meantime, when the complainant tried to pacify the matter, he was also assaulted by all of them. Thereafter, he shifted his brother to the hospital for treatment. There, they gave a written complaint to the respondent/police. The investigation is under process. 3. It is the submission of the learned counsel for the petitioners that the petitioners are the residents of - 4 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 Raichur and they are aged about 24 and 23 years respectively. Both are the businessmen. They have been falsely implicated in this case due to some old enmity between the complainant and the petitioners. There are some contradictions in the complaint. Moreover, even though it is stated in the complaint that accused No.1 assaulted the injured with knife on different parts of the body, he has been discharged from the hospital and he is out of danger. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. They will abide the conditions that may be imposed by this Court in the event of their arrest of bail. Making such submissions, he prays to allow the petition. 4. Per contra, the learned High Court Government Pleader vehemently submitted there is a motive to quarrel with the complainant and his brother. Accused No.2 stated to have sent the vulgar massages to the sister-in-law of the complainant. There was a talk between accused No.2 and brother of the complainant in respect of sending these - 5 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 massages. At that time, all of them started quarreling with the brother of the complainant. 5. It is further submitted that accused No.1 assaulted on the vital part of the body of the complainant with knife which would indicate that he had intention to commit the murder of the complainant and his brother. Therefore, the petitioners are not entitled for any relief as prayed for. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that accused No.1 stated to have assaulted the brother of the complainant with knife and caused injuries. Accused No.2 stated to have assaulted the complainant and his brother with hands and caused injuries. Having considered the overt- act of the petitioners and without adverting to the merit of the case, I am of the considered opinion that the petition has to be allowed in part. - 6 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 7. Accordingly, I proceed to pass the following: ORDER The Criminal petition is allowed in part. The respondent/Police is directed to release petitioner No.2 in the event of his arrest in Crime No.30/2025 of Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 115(2), 118(1), 352, 351(2) read with Section 3(5) of BNS, 2023, subject to the following conditions: (i) Petitioner No.2 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner No.2 shall not threaten or tamper the prosecution witnesses. (iii) Petitioner No.2 shall appear before the Investigating Officer as and when required. - 7 - NC: 2025:KHC-K:2494 CRL.P No. 200664 of 2025 (iv) Petitioner No.2 shall appear before the Trial Court on all hearing dates without fail. The petition of petitioner No.1 is dismissed. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 18 CT:PK