- 1 - NC: 2025:KHC-K:2695 CRL.P No. 200813 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.200813 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SURYAKANT S/O BASANNA JAMADAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O TARANALLI VILLAGE, TQ. SEDAM, DIST. KALABURAGI-585 222. 2. CHANDRAKANTH S/O BASANNA JAMADAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O TARANALLI VILLAGE, TQ. SEDAM, DIST. KALABURAGI-585 222. …PETITIONERS (BY SRI. MAHANTESH H. DESAI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SEDAM P.S., REPRESENTED THROUGH, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, KALABURAGI-585 104. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD) U/SEC 482 OF BNSS, PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.67/2025 OF SEDAM P.S. PENDING BEFORE COURT OF JMFC, JUDGE AT SEDAM FOR THE OFFENCES U/SEC 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352 AND 351(2) R/W 190 OF BNS. 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 482 of BNSS-2023 for grant of anticipatory bail in Crime No.67/2025 dated 20.03.2025, registered by the Sedam Police Station, against the petitioners and five others, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352 and 351(2) read with Section 190 of BNSS-2023. - 3 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 02. The factual matrix of the case is that one Siddappa – injured in this case lodged complaint alleging that on 18.03.2025 at about 10.30 a.m. when he was returning to his house near the Hanuman Temple, after attending his duty, the accused Nos.1 and 2 came on a motorbike and kicked on him and abducted him on their motorbike and taken him near Waddar Nala of his village and the other accused Nos.3 to 6 came there. Suddenly all of them formed an unlawful assembly and accused No.1 abused him in filthy language and assaulted him with stick on his left knee and caused bleeding injuries. Thereafter, the other accused have assaulted him and kicked him. Owing to the assault, he got admitted to the Government Hospital, Kalaburagi on 19.03.2025 and lodged the complaint against these petitioners. On the strength of the complaint the FIR came to be registered in Crime No.67/2025 against these petitioners. - 4 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 03. It is stated that since from the registration of the FIR, the respondent – police are trying to arrest the petitioners. As such the petitioners have approached the learned Sessions Judge, in Crl.Misc.490/2025. However, the learned Sessions Judge, has rejected the bail petitions of these petitioners vide order dated 22.04.2025. Hence, the present petition. 04. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. 05. The primary contention of the learned counsel for the petitioner is that the injured sustained minor injuries and already discharged from the Hospital. Further co-accused i.e., accused Nos.2 to 4 and 6 who stands on the similar footing of these petitioners are already enlarged on anticipatory bail. Hence, on ground of parity these petitioners are also entitled for anticipatory bail. - 5 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 06. Per contra, the learned High Court Government Pleader vehemently opposed the bail petition by relying on the statement of the complainant and other witnesses. 07. I have carefully perused the entire material placed on record. It could be gathered from the records that the allegations made against these petitioners that they have assaulted the victim with a sticks and stones on knee of the victim. However, the injured is already discharged from the Hospital and the respondent – police have almost completed the investigation and co-accused already enlarged on anticipatory bail, without expressing any opinion on the merits of the case, the petitioners can also be enlarged on anticipatory bail. Hence, the following; O R D E R The petition filed under Section 482 of BNSS-2023 i.e., under Section 438 of Cr.P.C., is allowed. - 6 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 Consequently, the petitioners are directed to be released on anticipatory bail in the event of their arrest by respondent -Police in connection with Crime No.67/2025 dated 20.03.2025 registered by Sedam Police, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352 and 351(2) read with Section 190 of BNSS-2023, subject to the following conditions: i) The petitioners shall execute personal bond for a sum of `25,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer; ii) They shall surrender themself before the Investigating Officer within 15 days from the date of receipt of a copy of this order and shall co-operate with the Investigating Officer and appear before him as and when required; - 7 - NC: 2025:KHC-K:2695 CRL.P No. 200813 of 2025 iii) They shall appear before the jurisdictional Magistrate and seek for regular bail within one month from the date of receipt of a copy of this order; iv) They shall not threaten the prosecution witnesses. Sd/- (RAJESH RAI K) JUDGE KJJ List No.: 1 Sl No.: 31 CT: AK