- 1 - NC: 2025:KHC-K:2699 CRL.P No. 200832 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.200832 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. BASAPPA S/O BASAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O HAMPANAL VILLAGE, TQ. MASKI, DIST. RAICHUR. 2. BEERAPPA S/O BASAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, R/O HAMPANAL VILLAGE, TQ. MASKI, DIST. RAICHUR. …PETITIONERS (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH TURVIHAL POLICE STATION, DIST. RAICHUR-584 101., R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585 103. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2699 CRL.P No. 200832 of 2025 THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD) U/SEC 483 OF BNSS, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONERS IN CRIME NO.56/2025 REGISTERED BY THE TURVIHAL P.S. FOR THE OFFENCES PUNISHABLE U/SECS. 352, 115(2), 118(1), 54, 109, 351(2) AND (3) AND 3(5) OF BNS-2023, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT SINDHANUR (ITINERARY COURT) 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) 1. This petition is filed by accused Nos.2 and 3, under Section 483 of BNSS, 2023, for grant of regular bail in Crime No.56/2025 dated 09.04.2025 registered by the Turvihal Police Station, Raichur District, for the offences punishable under Sections 352, 115(2), 118(1), 54, 109, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 2. The factual matrix of the case are that, on 08.04.2025 at about 7.30 p.m., when the complainant was in her village, her younger sister by name Gynamma W/o. Ambanna informed her through phone that at about 6.00 - 3 - NC: 2025:KHC-K:2699 CRL.P No. 200832 of 2025 p.m., her father Hirelingappa i.e., the victim had been towards the hotel of Pampapati in the village, the accused persons with an intention to commit his murder, assaulted on his head with sticks and thereby caused grievous injuries. Accordingly, the complainant rushed to the spot and shifted her father to the RIMS Hospital, Ballari and lodged the complaint against the accused persons. On the strength of the complaint, FIR came to be registered against the petitioners for the offences as stated supra. Subsequently, these petitioners were arrested on 09.04.2025 and ever- since, they are in judicial custody. Aggrieved by the same, the petitioners preferred regular bail before the District and Sessions Judge, Raichur in Crl.Misc. No.5167/2025, however, the learned District and Sessions Judge, Raichur, dismissed the said bail petition vide order dated 05.05.2025. Hence, the present petition. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. - 4 - NC: 2025:KHC-K:2699 CRL.P No. 200832 of 2025 4. It could be gathered from the records, the specific overt-acts alleged against these petitioners in the complaint that accused No.2 has assaulted with a stick on the body of the injured and accused No.3 assaulted the injured by hands. It is stated in the complaint that accused No.1 assaulted on the head of the injured with the stick, due to the same, he sustained injuries on his head. Nevertheless, the injured is already discharged from hospital on 12.04.2025. In such circumstances, without expressing any opinion on the merits of the case, it is suffice to hold that the 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.2 and 3 shall be released on bail in connection with Crime No.56/2025 pending on the file of the Court of District and Sessions Judge, Raichur, for the offences punishable under Sections 352, 115(2), 118(1), 54, 109, 351(2), 351(3), 3(5) - 5 - NC: 2025:KHC-K:2699 CRL.P No. 200832 of 2025 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 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 - 6 - NC: 2025:KHC-K:2699 CRL.P No. 200832 of 2025 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.: 36 CT: AK