- 1 - NC: 2025:KHC:7686 CRL.P No. 1992 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1992 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. VITTAL POOJARY AGED ABOUT 54 YEARS, S/O LATE GANAPA POOJARY, R/AT BADAKERE, BALKUR VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-572 101. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE BY KUNDAPURA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.3/2025 REGISTERED BY THE RESPONDENT - KUNDAPURA RURAL POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 329(3), 115(2), 109, 352, 190 OF BNS, 2023, PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7686 CRL.P No. 1992 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 is before this Court seeking anticipatory bail in Cr.No.3/2025 registered at Kundapura Rural Police Station, for the offence under Section 189(2), 191(2), 191(3), 329(3), 115(2), 109, 352 and 190 of BNS, 2023. 2. It is alleged in the complaint lodged by one Keshava S/o late Gopala Poojary that on 21.1.2025 at about 8.00 a.m., accused No.1 tresspassed into his land with a grass cutting machine and started cutting the grass. When he questioned him, the said accused abused him and attempted to run the grass cutting machine over him with an intention to commit his murder and when he tried to block with his hand, he sustained injuries to his left hand. Further, other accused persons also instigated accused No.1 and assaulted him with hands etc. 3. A perusal of the complaint averments goes to show that there is a civil dispute between the parties. In respect of the very same incident, a case has been registered against the complainant herein and 7 others in Cr.No.4/2025 in the very same - 3 - NC: 2025:KHC:7686 CRL.P No. 1992 of 2025 police station for offence punishable under Section 189(2), 191(2), 126(2), 115(2), 352, 351(2) and 190 of BNS, 2023. In the said case, the petitioner herein is said to be the victim. It is alleged that all the accused have picked up quarrel with the petitioner herein and assaulted with hands, kicked him and threatened with dire consequences etc. 4. It is submitted that in the counter case, all the accused are released on bail. The injured in the present case has been discharged from the hospital. It is contended by the learned counsel for the petitioner that in respect of the land in question there are two suits pending before the Civil Court, Kundapura in O.S.No.45/2024 and O.S.No.126/2024. 5. Considering the above facts and circumstances, by imposing conditions, the relief sought by the petitioner can be granted. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.3/2025 registered by Kundapura Rural Police Station, shall be - 4 - NC: 2025:KHC:7686 CRL.P No. 1992 of 2025 released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 41