- 1 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200791 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SHARNAPPA S/O BHOJAPPA UPPAR, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/AT CHIRATANALA VILLAGE, TQ. SINDHANOOR, DIST. RAICHUR. 2. AKASH @ HANUMESHA S/O SHARNAPPA UPPAR, AGED ABOUT 23 YEARS, OCC: STUDENT, R/AT CHIRATANALA VILLAGE, TQ. SINDHANOOR, DIST. RAICHUR. …PETITIONERS (BY SRI. B.K. HIREMATH, ADVOCATE) AND: 1. STATE THROUGH SHO, TURAVIHAL POLICE STATION, REPRESENTED THROUGH ADDL. SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. SHARNAMMA W/O LATE HANUMANTHAPPA, AGE: 58 YEARS, OCC: HOUSEHOLD, R/AT CHIRATANAL VILLAGE, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 TQ. SINDHANOOR, DIST. RAICHUR-584 128. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD), 483 OF BNSS (NEW), 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 BY THE ACCUSED NO.1 AND 2/PETITIONERS IN CRIME NO. 36/2025 OF TURVIHAL PS TQ. SINDHANOOR IN FIR NO. 36/2025 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC SINDHANOOR FOR OFFENCE PUNISHABLE U/SEC. 189(2), 191(2), 191(3), 329(4), 109(1), 118(1), 74, 352, 351(2), 351(3), 190 OF BNSS ACT 2023. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) The petitioners/accused Nos.1 & 2 have filed this petition under Section 483 of BNSS for grant of regular bail in Crime No.36/2025 dated 19.03.2025 by Turvihal Police Station for the punishable offences under Sections 189(2), 191(2) 191(3), 329(4), 109(1), 118(1), 74, 352, 351(2) 351(3) read with Section 190 of BNS, 2023. 2. The Brief facts of the case is that, the son of complainant namely, Vishnu and accused No.1- Sharanappa are the neighbors. Daughter of accused No.1- Megha, given in marriage with accused No.1 about one year prior to the incident. Thereafter, the son of the complainant-Vishnu was in contact with the said Megha and had developed illegal intimacy with her, which was noticed by accused No.1 and his family members, including these petitioners. Though they advised the said Vishnu not to indulge with such activities, but he continued the same. Being enraged by the same, accused No.1 and - 4 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 others have hatched the conspiracy and thereby on 18.03.2025 at 12.30 a.m., the accused have formed unlawful assembly, caught him and tied to the tree and assaulted him with clubs and stones. As a result, he sustained injuries and thereafter, he shifted to VIMS, Ballari. As such, the complaint has been lodged by the mother of the victim-Vishnu before the Turvihal Police Station. On the strength of complaint, FIR came to be registered against the accused as stated supra. 3. The petitioners were arrested on 20.03.2025 Hence, they approached the III Additional District and Sessions Judge, Raichur in Crl.Misc. No.5143 & 5144/2025 for grant of regular bail. The said petition is dismissed vide order dated 09.04.2025. Hence, this petition is filed by the petitioners for grant of regular bail before this Court. 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent. - 5 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 5. The primary contention of the learned counsel for the petitioners is that the injured in this case already has been discharged from the hospital, since he has allegedly sustained minor injuries. He further contended that the petitioners are nowhere participated in the alleged incident. Despite owing to previous ill-will, the petitioners have falsely been implicated in the case. 6. Learned High Court Government Pleader has opposed the bail petition. 7. Having heard the learned counsel for the respective parties and on perusal the material available on records, it could be gathered that though the petitioners being arrayed as accused Nos.1 & 2, the other accused have been already enlarged on anticipatory bail and the injured already discharged from hospital on 22.03.2021. 8. In such circumstances, without expressing any opinion on the merits of the case, suffice to hold that the petitioners may be enlarged on regular bail. 9. Accordingly, the petition is allowed. - 6 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 ORDER The petition is allowed. Consequently, the petitioners/accused Nos.1 & 2 shall be released on bail in connection with Crime No.36/2025 on the file of the III Additional Civil Judge and JMFC, Sindhanoor for the offences punishable under Sections 189(2), 191(2) 191(3), 329(4), 109(1), 118(1), 74, 352, 351(2) 351(3) r/w Section 190 of BNS, 2023, on the following conditions: i) The petitioners shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioners shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. - 7 - NC: 2025:KHC-K:2679 CRL.P No. 200791 of 2025 iii) The petitioners shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioners shall attend the jurisdiction Court regularly on all dates of hearing and shall co-operate with the investigation authority. v) The petitioners shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE TMP List No.: 1 Sl No.: 5 CT: AK