- 1 - HC-KAR NC: 2025:KHC:20696 CRL.P No. 7342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7342 OF 2025 BETWEEN: 1. RAMESH S/O PAKIRAPPA AGED ABOUT 36 YEARS. 2. CHANAPPA S/O PAKIRAPPA AGED ABOUT 48 YEARS FULL BROTHERS R/O MARIKOPPA,HONNALI TALUK, DAVANAGERE DISTRICT. …PETITIONERS (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY HONNALI POLICE DAVANAGERE DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE HONNALLI POLICE, THAT IN THE EVENT OF PETITIONERS BEING ARRESTED IN CRI.NO.125/2025, FOR OFFENCE P/U/S 54, 109, 115(2), 118(1), 351(2), 352, 190 OF BNS 2023, NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, HONNALI, THEY MAY BE ENLARGED ON ANTICIPATORY BAIL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20696 CRL.P No. 7342 of 2025 THIS PETITION, 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.1 and 2 in Crime No.125/2025 registered by Honnalli Police Station, Davanagere, for the offences punishable under Sections 54, 109, 115(2), 118(1), 351(2), 352 and 190 of BNS, 2023, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.125/2025 was registered by Honnalli Police Station, Davanagere, for the aforesaid offences against petitioners herein and others based on the first information dated 29.04.2025 received from Basavaraja T, S/o Thimmappa T, one of the injured victims in the present case. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.442/2025 which was dismissed as against them by the jurisdictional Sessions Court vide order dated 17.05.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC:20696 CRL.P No. 7342 of 2025 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that accused Nos.3 and 4 have been granted anticipatory bail by the jurisdictional Sessions Court. Petitioners have no other criminal antecedents. The alleged incident had taken place after the first informant and his supporters had trespassed into the property belonging to the petitioners. A case and counter case has been registered by the very same police in respect of the alleged incident that had taken place on 29.04.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that injured victims have suffered grievous injuries in the incident in question. Ganesh M Y, who is one of the injured victims has suffered multiple fracture as a result of the assault made by the petitioners with deadly weapons. Counter case is filed after a delay of more than three days from the alleged date of incident and therefore, the correctness of the allegations made in the said case becomes doubtful. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:20696 CRL.P No. 7342 of 2025 6. From a perusal of the first information submitted in Crime No.125/2025, it is apparent that there is a dispute between the parties with regard to a vacant site. On 29.04.2024 accused persons in Crime No.125/2025 allegedly were working in the site in dispute and when the same was questioned by first informant and his brother Ganesh, accused persons allegedly assaulted them with deadly weapons. In the first information, it is alleged that accused Nos.1 and 2, who were armed with machete and iron hammer, had assaulted the first informant and his brother Ganesh resulting in causing grievous injuries. 7. The Wound Certificate of Ganesh, brother of the first informant would go to show that he has suffered multiple fracture injuries in the incident in question. His medical records would go to show that he had suffered fracture of both his hands and in addition to the same, he also has suffered 'linear undisplaced fracture of left nasal bone'. Insofar as first informant is concerned, it appears that he has not suffered any grievous injuries in the incident in question. As rightly pointed by learned HCGP, counter case has been registered in the present case in Crime No.128/2025 on 01.05.2025 which is - 5 - HC-KAR NC: 2025:KHC:20696 CRL.P No. 7342 of 2025 after a delay of more than three days from the alleged date of incident. 8. Allegation is found against accused Nos.1 and 2 about assaulting injured victims with deadly weapons and insofar as other accused persons, there is no such allegation and therefore, merely for the reason that accused Nos.3 and 4 have been granted anticipatory bail, petitioners also cannot be extended the very same benefit. The ground of parity is not available to the petitioners since the allegation of assaulting the injured with deadly weapons is only as against petitioners. Merely for the reason that there is a dispute between the parties with regard to certain land, the same does not give license or right to anybody to assault the other party with deadly weapons. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN