- 1 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200834 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. NIJALINGAPPA S/O SHANKARAPPA, AGE: 53 YEARS, OCC: AGRICULTURE, 2. SHEKARAPPA @ SHEKAPPA S/O SHARANAPPA, AGE: 51 YEARS, OCC: AGRICULTURE, BOTH ARE R/O DEVASUGUR VILLAGE, TQ. & DIST. RAICHUR-584 170. …PETITIONERS (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SHAKTHINAGAR POLICE STATION, DIST. RAICHUR-584 170, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD)/UNDER/SECTION 483 OF BNSS, PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.19/2025 REGISTERED BY THE RESPONDENT/SHAKTINAGAR POLICE, RAICHUR, FOR THE OFFENCES PUNISHABLE UNDER/SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) R/W SECTION 190 OF BNS-2023 PENDING BEFORE THE III ADDL. SENIOR CIVIL JUDGE AND JMFC AT RAICHUR. 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) 1. This petition is by accused No.1 and 5, filed under Section 483 of BNSS, 2023, for grant of regular bail in Crime No.19/2025 dated 11.04.2025 registered against the petitioners and others by the Shakti Nagar Police Station, Raichur District, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) read with Section 190 of Bharatiya Nyaya Sanhita (BNS)-2023. - 3 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 2. The factual matrix of the case is that, the complainant alleged that there was a previous dispute between the complainant and other with accused and to settle the said dispute the complainant and other six persons visited near the house of accused No.1 on 10.04.2025, at that time, a quarrel took place and the accused persons assaulted the complainant and others and caused injuries to them. The specific allegation against these petitioners is that they being accused Nos.1 and 5 assaulted complainant on his head with a stick and stone. Hence, a complaint has been lodged on 11.04.2025 as stated supra. On the strength of the complaint, FIR came to be registered against the petitioners and others for the offences as stated supra. On the same day, these petitioners were arrested. Aggrieved by the same, the petitioners preferred regular bail before the Court of the II Additional District and Sessions Judge, Raichur in Crl.Misc. No.253/2025, however, the learned District and Sessions Judge, Raichur, rejected the said bail petition vide order dated 02.05.2025. Hence, the present petition. - 4 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. 4. It is contended by the learned counsel for the petitioners that due to previous animosity there were case and counter case registered against the petitioners and the complainant. In such circumstances, the prosecution failed to place any material to show who are the aggressor and the manner in which incident caused. Accordingly, he prays for grant bail. 5. Learned High Court Government Pleader for respondent-State vehemently opposed the bail petition. 6. It could be gathered from the records that a counter case has also been registered against the complainant and other in Crime No.20/2025 based on the complaint lodged by the petitioners and others in respect of the same incident. Further, the injured complainant and other injured are already been discharged from the hospital on 12.04.2025. Further, investigation is almost completed - 5 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 hence, further incarceration of the petitioners does not call for. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition filed under Section 483 of BNSS-2023, is allowed. Consequently, the petitioners/accused Nos.1 and 5 shall be released on bail in connection with Crime No.19/2025 pending on the file of the Court of III Additional Senior Civil Judge and JMFC at Raichur, for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) ad 190 of Bharatiya Nyaya Sanhita (BNS)-2023, on the following conditions: i) The petitioners shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioners shall mark their attendance once in a week on every Sunday between - 6 - NC: 2025:KHC-K:2726 CRL.P No. 200834 of 2025 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. 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 cooperate 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 SBS List No.: 1 Sl No.: 19 CT: AK