- 1 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4998 OF 2025 C/W CRIMINAL PETITION NO. 3673 OF 2025 IN CRL.P No. 4998/2025: BETWEEN: 1. SRI MOHAN S/O BASAVARAJU AGED ABOUT 20 YEARS. 2. SRI SURESH S/O GIDASEEMA PILLAPPA AGED ABOUT 44 YEARS. BOTH ARE RESIDING AT BETTAKOTE VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT PIN - 562 129. …PETITIONERS (BY SRI R.S. RAVI, SR. COUNSEL FOR SRI SRINIVASA T.P, ADV.) AND: STATE BY CHANNARAYAPATNA POLICE BANGALORE RURAL, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE I.E, CHANNARAYAPATNA POLICE TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST IN CR.NO.9/2025 ON THE FILE OF THE HONBLE COURT OF ADDL.CIVIL JUDGE AND JMFC, DEVANAHALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103, 118(1), 190 OF BHARATHIYA NYAYA SANHITHE (BNS) 2023. IN CRL.P NO. 3673/2025: BETWEEN: SMT. ARUNA W/O BASAVARAJU AGED ABOUT 40 YEARS RESIDING AT BETTAKOTE VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT PIN - 562 129. ...PETITIONER (BY SRI SRINIVASA T.P, ADV.) AND: STATE BY CHANNARAYAPATNA POLICE BANGALORE RURAL, REP. BY STATE PUBLIC PROSICUTER, HIGH COURT BUILDING, BANGALORE - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE i.e., CHANNARAYAPATNA POLICE TO ENLARGE THE PETITION - 3 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 ON BAIL, IN THE EVENT OF HER ARREST IN CR.NO.9/2025 ON THE FILE OF THE HONBLE COURT OF C.J AND JMFC, DEVANAHALLI, FOR THE OFFENCES P/U/S 103,118(1),190 OF BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2, 3 and 5 in Crime No.9/2025 registered by Chennarayapatana Police Station, Bengaluru District, for the offences punishable under Sections 103, 118(1) and 190 of BNS, 2023, are before this Court under Section 482 of Cr.P.C. in these two petitions seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.9/2025 was registered by Chennarayapatana Police Station, Bengaluru District, for the aforesaid offences against Basavaraju and others based on the first information dated 19.01.2025 received from Suman B M, who is the son of the injured victim Muniraju and deceased Smt. Shobha. Apprehending arrest in the case, petitioners herein, who are arraigned as accused Nos.2, 3 and 5 in the FIR - 4 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 had filed Crl.Misc.No.15026/2025 before the jurisdictional Sessions Court which was rejected on 31.01.2025. Therefore, they are before this Court. 4. Learned Senior counsel for the petitioners submits that though in the first information, it is alleged that accused persons had assaulted the deceased and the injured victim ruthlessly with spade and caused injuries, no external injuries are found on the body of the injured victim or deceased. Since parties have a civil dispute between themselves, false allegations are made against all the members of the family. Petitioners do not have any criminal antecedents. Accused No.2 is a married lady and accused No.3 is a student. They are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions. 5. Per contra, learned Addl. SPP, who has opposed the petitions submits that investigation in the case is under progress. Accordingly, she prays to dismiss the petitions. 6. A perusal of the material on record would go to show that there is certain dispute between two parties with regard to immovable property bearing Sy.No.6/8 situated at Bettakote - 5 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 Village. On the alleged date of incident when the accused persons were ploughing the land in dispute, the parents of the first informant allegedly had gone to the said spot and had questioned them. It is alleged that accused persons had assaulted the parents of the first informant with a spade and caused grievous injuries to them and as a result, mother of the first informant Smt. Shobha had died and father of the first informant, who had suffered grievous injures, was treated in a Hospital. Post Mortem report of the deceased Shobha would go to show that no external injuries were found on the body of the deceased. Final Report regarding the cause of death is awaited from the FSL. The Wound Certificate of first informant's father Muniraju also would go to show that no external injuries were found on his body. Undisputedly, petitioners do not have any criminal antecedents and it is submitted by learned Senior counsel for the petitioners that accused No.2 is a married lady and accused No.3 is a student. They have undertaken to cooperate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, more so the fact that injured as well as the deceased have not suffered any external injuries on their body, I am of the opinion that the - 6 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 prayer made by the petitioners for grant of anticipatory bail in these two petitions needs to be answered affirmatively. Accordingly, the following order:- 7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.9/2025 registered by Chennarayapatana Police Station, Bengaluru District, for the offences punishable under Sections 103, 118(1) and 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. - 7 - NC: 2025:KHC:16408 CRL.P No. 4998 of 2025 C/W CRL.P No. 3673 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN