- 1 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6946 OF 2025 BETWEEN: 1. SRI.P.S.MAHADEVASWAMY S/O SOMAJAIAH @ SOMARAJU AGED ABOUT 45 YEARS (ACCUSED NO.1 IN FIR) 2. SMT.SIDDAMMA W/O SOMAJAIAH @ SOMARAJU AGED ABOUT 72 YEARS (ACCUSED NO.2 IN FIR) (SENIOR CITIZEN STATUS NOT CLAIMED) ALL ARE RESIDING AT PADAGURU VILLAGE, TERAKANAMBI HOBLI GUNDLUPET TALUK CHAMARAJANAGARA DISTRICT-571123 …PETITIONERS (BY SRI.DILIP KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY SHO TERAKANAMBI POLICE STATION GUNDLUPET TALUK CHAMARAJANAGARA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGLAURU-560 001 …RESPONDENT (BY SMT.SOWMYA R, HCGP) THIS CRL.P IS FILED U/SEC.438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE CONCERNED POLICE OF TERAKANAMBI TO ENLARGE THE PETITIONERS ON BAIL IN CR. NO.26/2025 OF TERAKANAMBI POLICE STATION FOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 OFFENCES P/U/SEC.352, 118(1), 115(2), 351(2), 351(3), 3(5) OF BNS 2023 AND PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE AND JMFC COURT, GUNDLUPET, IN THE EVENT OF ARREST AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioners - accused Nos.1 and 2 seeking anticipatory bail in Crime No.26/2025, registered by respondent police - Terakanambi Police Station for the offences under Sections 352, 118(1), 115(2), 351(2), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS Act'). Factual matrix of the case: 2. The case of the prosecution is that, a complaint came to be registered by Swamy S/o Ningaiah stating that the petitioners herein have assaulted his father on the ground that the cattle were urinating and defecating in front of the house of the petitioners. As a result, his father had sustained injuries. Immediately, he was shifted to the hospital for treatment, thereafter, a complaint came to be registered against the petitioners. Based on the - 3 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 complaint, the respondent – police registered a case in Crime No.26/2025 for the offences as stated supra. 3. Heard Sri.Dilip Kumar, learned counsel for the petitioners and Smt.Sowmya.R, learned HCGP for the respondent – State. 4. It is the submission of the learned counsel for the petitioners that though the major offences i.e., under Sections 118(1) and 115(2) of BNS Act has been registered against the petitioners, the fact remains that, it is a petty quarrel and the petitioners had no intention to cause any harm to the victim. However, cattle were urinating and defecating in front of the house of the petitioners and they instructed the father of the complainant to take away the cattle. In the meantime, the said quarrel had taken place. The alleged offences are neither punishable with death nor imprisonment for life. They may be enlarged on bail as prayed for by considering the age of the petitioners. The petitioners are the permanent residents of the address mentioned in the cause title of the petition and they are ready and willing - 4 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 to abide by any of the conditions that would be imposed by this Court. Hence, the learned counsel for the petitioner prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposed the petition by contending that the petitioners are the neighbourers and they are residing in the same locality. The quarrel had taken place between the complainant and family of the petitioners. In case, if the petitioners are enlarged on bail, it gives a wrong impression to the society at large. Therefore, it is not appropriate to grant bail without asking them to surrender before the respondent - police. Making such submissions, the learned HCGP prays to reject the bail petition. 6. Heard learned counsel for the respective parties and perused the averments of the complaint. 7. The petitioners are the son and mother respectively. The incident had taken place in front of the house of the petitioners. The reason behind the said incident is that, the father of the complainant had left the cattle without - 5 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 tying them properly. As a result, the said cattle were urinating and defecating in front of the house of the petitioners. 8. When the petitioners asked the father of the complainant to take away the cattle, he stated to have provoked them. Consequently, the quarrel had taken place and the alleged assault had also taken place. Be that as it may, having considered the nature of the offences and the gravity thereof, it is appropriate to grant bail as prayed for by imposing suitable conditions. 9. In the light of the observations made above, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.26/2025 registered by respondent police for the offences punishable under Sections 352, 118(1), 115(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the Principal Civil - 6 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 Judge and JMFC Court, Gundlupet, subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety for the likesum to the satisfaction of the jurisdiction police. (ii) The petitioners shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioners shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and they have to affix their signatures till filing of the charge sheet. (iv) The petitioners shall not threaten or tamper the prosecution witnesses. (v) The petitioners shall not commit similar offences till disposal of the case. - 7 - NC: 2025:KHC:18285 CRL.P No. 6946 of 2025 (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioners violate any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NBM List No.: 1 Sl No.: 53