- 1 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 885 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. NAGENDRA Y S A S/O SIDDEGOWDA Y.N@ SHANTHAPPA AGED ABOUT 46 YEARS, R/O YALANAHALLI VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. …PETITIONER (BY SRI. D.P. MAHESH, ADVOCATE) AND: THE STATE BY HIRISAVE POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP FOR) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.166/2024 REGISTERED BY THE RESPONDENT HIRISAVE POLICE, FOR THE OFFENCE P/U/S 351(2), 352, 109, 126(2) R/W 3(5) OF BNS ACT, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, CHANNARAYAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail in Crime No.166/2024 of Hirisave Police Station, Hassan, registered for offences punishable under Section 352, 351(2), 109, 126(2) read with Section 3(5) of the BNS 2023. 2. Heard both sides and perused the material on record. 3. Aforementioned Crime is registered against accused Nos.1 and 2 on a complaint lodged by one Bhimegowda, wherein he has alleged that the accused have assaulted his son Raghavendra with a club, intending to take away his life. 4. As per complaint allegations, The Tahsildar had conducted survey, as per the order of the Court in respect of land bearing survey No.25/P23 of Yelanahalli village. When the complainant, his son-Raghavendra and their - 3 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 relative by name C.K.Manju were working in the said land, petitioner and his relative by name Ramegowda came to the spot and started quarrelling with him. The complainant sent his son Raghavendra and C.K. Manju to the police station to lodge a complaint. It is alleged that when they were going to the police station in a scooter, the accused persons followed them in a bike and assaulted Raghavendra with club on his head and fled away. 5. Learned High Court Government Pleader has contended that as per wound certificate, Raghavendra has sustained fracture to his head and injuries are grievous in nature. He contended that investigation is in progress and if petitioner is enlarged on bail, he will try to hamper the investigation. 6. A perusal of the complaint averments goes to show that there is a land dispute. Accused are alleged to have assaulted complainant’s son with a club on his head with an intention to commit his murder and caused grievous injuries to him. - 4 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 7. Learned counsel for petitioner has drawn the attention of the Court to the compliant lodged by the wife of petitioner, registered in Crime No.168/2024 at Hirisave Police Station. The said case is registered against the complainant herein and 4 others including the injured in the present case, for offences punishable under Section 118(1), 351(2), 190 of the BNS 2023. The said case arises out of the same incident which took place on 08.12.2024 at about 01:00 p.m. Petitioner has also sustained injuries and he was admitted at A.C. Giri hospital for the treatment. 8. Both the parties have filed complaints against each other. The incident is on account of a land dispute between the parties. Even the petitioner has sustained certain injuries in the very same incident, which is confirmed from the FIR registered against the complainant herein and his son-Raghavendra, injured in the present case. - 5 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 9. Considering the above facts and circumstances, by imposing suitable conditions, petitioner can be admitted to bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.1 in Crime No.166/2024 of Hirisave Police Station, Hassan is ordered to be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. - 6 - NC: 2025:KHC:5527 CRL.P No. 885 of 2025 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36