- 1 - NC: 2025:KHC-K:2696 CRL.P No. 200799 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.200799 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. SANNA DURUGESH S/O RAMACHANDRAPPA, AGED ABOUT 40 YEARS, OCC: LABOUR, R/O HASMAKAL, MASKI, TQ. MASKI, DIST. RAICHUR-584 124. …PETITIONER (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH, SHO, BALAGANOOR POLICE STATION, DIST. RAICHUR, REPT. BY ITS ADDL. SPP, HIGH COURT BENCH, KALABURAGI-585 102. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS, PRAYING TO ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE PETITIONER ON BAIL IN S.C.NO.5016/2025 (ARISING OUT OF Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 CRIME NO.06/2024) PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE RAICHUR (SITTING AT SINDHANUR) FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 353, 332, 307, 504, 506 READ WITH SECTION 149 OF IPC REGISTERED BY THE RESPONDENT-BALAGANUR POLICE STATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition is filed under Section 483 of BNSS-2023 i.e., under Section 439 of Cr.P.C. for grant of regular bail in Crime No.6/2024 dated 08.01.2024 filed by the Balaganoor Police Station, against the petitioner and five others, for the offences punishable under Sections 143, 147, 148, 323, 353, 332, 307, 504 and 506 read with Section 149 of IPC. - 3 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 02. The brief facts of the case are that on 08.01.2024, the complainant namely Manjunath a police official and one Gopal who is also a police official of respondent – police station on receipt of information about the suspicious wandering of unknown persons on a motorcycle had been to Sunkanur village. After their arrival to the said spot, they have been informed by the villagers that those two unknown persons went towards Maski. Thereafter, the complainant and another police official were waiting near Gududur village at about 04.15 p.m. at that time accused Nos.1 and 2 came in a motorcycle which was stopped by both the police constables. When both the police constables were started enquiring the accused Nos.1 and 2, both accused have abused the police constables and fled away towards Maski. The police constables followed the accused Nos.1 and 2 and they found both the accused near Mega Bar at Maski at about 05.30 p.m. The police constables further enquired the accused Nos.1 and 2 as to why they fled away and at that time, the accused No.1 assaulted the complainant - 4 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 with iron rod on his forehead and also accused No.2 assaulted with iron rod on his left hand causing bleeding injuries. Further, they have also assaulted another police constable (P.C.No.95) with their hands and thereby used criminal force against public servants. It is also alleged that remaining accused came to the spot and they have also participated in support of accused Nos.1 and 2 by assaulting with their hands. The accused have obstructed the official work of both police constables and in that incident, complainant sustained injuries and admitted in hospital. Based on the said information SHO has registered a case in Crime No.06/2024, initially against accused Nos.1 to 4 and two unknown persons for the commission of aforesaid offices. 03. On the strength of the said complaint, the FIR came to be registered in Crime No.6/2024 by arraigning this petitioner as accused No.3. The petitioner was arrested on 26.02.2025, since, then the petitioner is in judicial custody. The petitioner has filed a petition for - 5 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 grant of regular bail before the Sessions Court in Crl.Misc.No.5103/2025. The same has been dismissed by the learned Sessions Judge vide order dated 27.03.2025. Hence, the petitioner is before this Court. 04. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. 05. The primary contention of the learned counsel for the petitioner is that presently the charge-sheet has been filed and the similarly placed the accused Nos.2, 4, 5 and 6 already been enlarged on bail. In such circumstances, this petitioner also entitled for grant of bail on the ground of parity. It is also contended that the injured – complainant and CW.2 have been discharged from the hospital and they have sustained minor injuries. Accordingly, prays to allow the petition. - 6 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 06. Per contra, the learned High Court Government Pleader vehemently opposed the petition stating that the complainant and the CW.2 are the government servants, the petitioner assaulted them while they discharging their duties. 07. This Court carefully perused the entire material on record. It could be gathered from the records that the allegations made against this petitioner that he had assaulted on the back of the complainant and CW.2 and other accused were assaulted on CW.1 and 2, who were already enlarged on bail. This petitioner is in judicial custody since from 26.02.2025 and the investigation is completed and the charge-sheet is also filed. In such circumstances, further incarceration of the petitioner does not call for. Accordingly, the petition deserves to be allowed. Hence, the following; - 7 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 O R D E R The petition filed under Section 483 of BNSS-2023, is allowed. Consequently, the petitioner/accused No.3 shall be released on bail in connection with Crime No.6/2024 registered by Balaganoor Police Station, for the offences punishable under Sections 143, 147, 148, 323, 353, 332, 307, 504 and 506 read with Section 149 of IPC, on the following conditions: i) The petitioner 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 petitioner 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. - 8 - NC: 2025:KHC-K:2696 CRL.P No. 200799 of 2025 iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE KJJ List No.: 1 Sl No.: 30 CT: AK