- 1 - NC: 2025:KHC-K:2729 CRL.P No. 200841 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.200841 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: BHEEMAPPA @ BHEEMESH S/O LATE MARIYAPPA HANUMANAL, AGE: 29 YEARS, OCC: AGRICULTURE, R/O KARADACHILUME, TALUK SINDHANUR, DIST. RAICHUR-584 128. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI, (THROUGH TURVIHAL P.S., DIST. RAICHUR-584 124). …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2729 CRL.P No. 200841 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER IN CRIME NO.52/2025 REGISTERED BY THE TURVIHAL P.S., DIST. RAICHUR FOR THE OFFENCES PUNISHABLE U/SECS. 352, 115(2), 118(1), 109, 351(2) & (3) AND 3(5) OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT SINDHANUR, DISTRICT 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) This petition is by accused No.1, filed under Section 483 of BNSS, 2023, for grant of regular bail in Crime No.52/2025 dated 07.04.2025 registered by the Turvihal Police Station, Raichur District, for the offences punishable under Sections 352, 115(2), 118(1), 109, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 2. The factual matrix of the prosecution case are that, the petitioner was having 27 acres of land at Karadachilume Village, he had two sons by name Mariyappa and Amarappa and partition was effected with - 3 - NC: 2025:KHC-K:2729 CRL.P No. 200841 of 2025 regard to the said land and they both cultivating 9 acres of land each. The complainant and her sister Mahakalemma are the daughters of Chatrappa, who is another son of Bheemappa. He had also 9 acres of land from his father. He has filed application for transfer of land for Bheemapa and Amarappa raised objections. Therefore, there was a land dispute. Owing to the same, on 06.04.2025 at about 8.30 p.m., when the sister of complainant Mahakalemma and the husband of Mahakalemma by name Mahakaleppa were in the house, the petitioner and others went to the house of complainant and picked-up a quarrel and this petitioner hit the complainant with an axe. As a result, he sustained injuries and admitted to VIMS Hospital, Ballary. Subsequently, the complaint has been lodged against this petitioner as stated supra and he was arrested on 08.04.2025. Ever since he is in judicial custody. Aggrieved by the same, he approached the learned III Addl. District and Sessions Judge, Raichur, sitting at Sindhanur, in Crl.Misc.No.5189/2025 seeking for grant of - 4 - NC: 2025:KHC-K:2729 CRL.P No. 200841 of 2025 bail and the same has been dismissed. Hence, the present bail petition is filed. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. On careful perusal the entire material placed on record, it could be gathered that there was a civil dispute between the complainant and accused, owing to the same alleged incident has been caused. Further, the injured complainant has already been discharged from the hospital and the investigation is almost completed. In such circumstances, without expressing any opinion regarding merits of the case, suffice to hold that the petitioner may be enlarged on bail. Accordingly, the petition deserves to be allowed. Hence, the following: ORDER The petition filed under Section 483 of BNSS 2023, is allowed. Consequently, the petitioner/accused No.1 shall - 5 - NC: 2025:KHC-K:2729 CRL.P No. 200841 of 2025 be released on bail in connection with Crime No.52/2025 dated 07.04.2025 registered by the Turvihal Police Station, Raichur District, for the offences punishable under Sections 352, 115(2), 118(1), 109, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, 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. 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 - 6 - NC: 2025:KHC-K:2729 CRL.P No. 200841 of 2025 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 SBS,MSR List No.: 1 Sl No.: 20 CT: AK