- 1 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201075 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI HANUMANTH S/O MALLAPPA, AGE:51 YEARS, OCC: AGRICULTURE, 2. SRI RAMAKRISHNA S/O HANUMANTH, AGE:27 YEARS, OCC: STUDENT, 3. SRI.UDAY KUMAR S/O HANUMANTH, AGE:20 YEARS, OCC: STUDENT, 4. SRI. ARUN KUMAR S/O HANUMANTHAPPA, AGE:25 YEARS, OCC: STUDENT 5. SRI. ADISH @ ADISHESHA S/O HANUMANTH, AGE:26 YEARS, OCC: AGRICULTURE, 6. SRI. SANNA BHEEMANNA @ BHEEMARAYA S/O MARENNA, AGE:36 YEARS, OCC: AGRICULTURE, 7. SRI MARENNA @ MAREPPA AGE:45 YEARS, OCC: AGRICULTURE, 8. SRI. BASAVARAJ S/O BHEEMAPPA AGE:24 YEARS, OCC: AGRICULTURE, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 9. SRI AKASH S/O YALLAPPA, AGE:20 YEARS, OCC: AGRICUTLURE, 10. SAADU YALLAPPA @ YALLAPPA S/O DODDA RAMANNA, AGE:44 YEARS, OCC: AGRICULTURE, ALL ARE R/O MALADKAL VILLAGE TQ.DEVADURGA DIST.RAICHUR – 584113. …PETITIONERS (BY SRI. SHIVANAND V. PATTANSHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, GABBUR POLICE STATION, DIST.RAICHUR – 584113, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH - 585107 …RESPONDENT (BY SMT. ARATI PATIL ,HCGP ) THIS CRL.P IS FILED U/S. 482 OF BNSS,2023 PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONERS/ ACCUSED NO.1 TO 10 AND DIRECT THE GABBUR POLICE TO RELEASE THE PETITIONERS/ ACCUSED NO.1 TO 10 ON BAIL IN THE EVENT THEIR ARREST IN GABBUR PS CRIME NO.59/2025 FOR THE OFFENCES PUNISHABLE U/SECS. 189(2), 191(2), 191(3), 352, 126(2), 115(2), 118(1), 109, 190 OF BNS 2023, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT DEVADURGA, DISTRICT RAICHUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Shivanand V. Pattanashetti, learned counsel for the petitioners and Smt.Arati Patil, learned High Court Government Pleader for the respondent – State. 2. Petition under Section 482 of BNSS, 2023 with the following prayer: “Criminal petition is filed under section 482 of BNSS praying to grant anticipatory bail to the petitioners/accused Nos.1 to 10 and direct the Gabbur police to release the petitioners/accused Nos.1 to 10 on bail in the event of their arrest in Crime No.59/2025 of Gabbur P.S. for the offences u/Sec. 189(2), 191(2), 191(3), 352, 126(2), 115(2), 118(1), 109 and 190 of BNS 2023, pending on the file of Prl. Civil Judge (Sr. Dn.) and CJM Court, at Deodurga, Raichur.” 3. Facts in nutshell, which are utmost necessary for disposal of the present petition are as under: - 4 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 3.1 Upon the complaint lodged by Timmanna S/o. Hanumantha, Gabbur Police, Raichur registered a case in Crime No.59/2025 on 17.04.2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 126(2), 115(2), 118(1), 109 and 190 of BNS 2023. 3.2 Gist of the complaint averments would reveal that on 16.04.2025 at about 8.30 p.m., when the complainant was proceeding to Bengaluru and when he was passing through the house of the accused persons, all the accused persons have intercepted his free movement, abused him in filthy language and assaulted him on his head and also tried to strangulate him. When the complainant fell down and became unconscious, all the accused persons ran away from the place. 4. In respect of the same incident, one of the accused persons have filed a case in Crime - 5 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 No.61/2025. In respect of the said case, this Court in Criminal Petition No.200993/2025 has granted anticipatory bail and the accused persons therein have been directed to join the investigation and appear before the Investigation Officer. 5. Since the accused persons in the counter case have already granted anticipatory bail and the incident is a case and counter case, it is just and necessary to allow the present petition and direct the accused/petitioners to join the investigation and undergo limited period of custodial interrogation, which would meet the ends of justice. 6. Hence, the following order is passed: ORDER a) Criminal petition is allowed. - 6 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 b) Petitioners are directed to join the investigation by appearing before the Investigation Officer on 21.07.2025 at 09.00 a.m. without further notice. c) Investigation Officer is at liberty to take the petitioners to custody and complete the custodial interrogation on the same day before 6.00 p.m. and thereafter, enlarge the petitioners on bail in Crime No.59/2025 of Gabbur police station, Raichur, on taking a bond in a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Investigation Officer. d) Petitioners shall co-operate with the Investigation Agency and in that direction, shall mark their attendance on every third Sunday between 10.00 a.m. to 02.00 p.m., till the final report is filed. - 7 - HC-KAR NC: 2025:KHC-K:3868 CRL.P No. 201075 of 2025 e) Petitioners shall not tamper the prosecution witnesses in any manner. f) Petitioners shall not leave the jurisdiction of Raichur district without prior permission. g) Petitioners shall attend before the Trial Court on all hearings dates without fail. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Investigation Officer is directed to conduct the investigation in terms of the directions issued by the Full Bench of this Court in the case of State of Karnataka, Circle Inspector of Police vs. Hosakeri Ningappa reported in ILR 2012 KAR 509. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 27 CT:PK