- 1 - NC: 2025:KHC-D:1586 CRL.P No. 100205 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100205 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. BASAVARAJ S/O. SUBHASH ADIHUDI AGE. 22 YEARS, OCC. AGRICUTLURE, R/O. NEAR MAHINDRA SHOWROOM, ATHANI, TQ AND DIST. BELAGAVI-591304. …PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE PSI ATHANI P.S., TQ./DIST. BELAGAVI-591304, R/BY HCGP, HIGH COURT OF KARNATAKA, DAHRWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO, RELEASE THE PETITIONER ACCUSED NO.14 ON BAIL IN RELATION TO ATHANI PS CR.NO. 380/2024 FOR THE ALLEGED OFFENCES P/U/SEC. 109, 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2), 352 OF BNSS, PENDING ON THE FILE BEFORE PRL.CIVIL AND JMFC ATHANI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:50 +0530 - 2 - NC: 2025:KHC-D:1586 CRL.P No. 100205 of 2025 ORAL ORDER Heard the learned counsel for the parties. 2. The petitioner/accused No.14, who is facing investigation for the offences punishable under Sections 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2), and 352 of the BNS 2023, is before this Court seeking enlargement on regular bail, is before this Court. 3. The prosecution’s case is that when the complainant and his family members stepped out of their house, the petitioner and others arrived and threw chilly powder into the complainant’s eyes. They then entered the complainant’s house with sickles and talwars, intending to kill the complainant’s sons, Sudheer and Vajramuni. They assaulted them with sickles on their stomachs and hands, and also assaulted the complainant’s husband with a sickle. Additionally, one Anand was attacked on his head with an axe, resulting in grievous injuries, and life threats to the victims. The injured persons received treatment at the Government Hospital, Athani, and continued treatment at Miraj Hospital. 4. Accused No. 14 was not initially named in the FIR. However, after 20 days from the date of incident, his name was appeared in the remand application. No specific overt act attributed to him in the FIR filed by the complainant. The petitioner has been in judicial custody since 23.11.2024, and the injured victims, who sustained grievous injuries, have been discharged from the hospital. The offence under Section 109 of BNS, 2023 carries a - 3 - NC: 2025:KHC-D:1586 CRL.P No. 100205 of 2025 punishment of a minimum of 10 years, extendable to life imprisonment. There has been no recovery of any weapons used in the commission of crime from the petitioner. Given these circumstances, the petitioner has made a prima facie case for being granted regular bail. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The petitioner/accused No.14 is enlarged on bail in Crime No.380/2024, registered by the Athani Police Station, for the offences punishable under Sections 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2) & 352 of BNS 2023, subject to the following conditions: a) Petitioner/accused No.14 shall furnish his personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Court as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) He shall not get involved in similar offences. (e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 11