- 1 - NC: 2025:KHC-D:2149 CRL.P No. 100199 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100199 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SMT. NIMBEVVA W/O. SHIDARAY BHAJANTRI, AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591265. 2. HANAMANT S/O. SATYEPPA MANE, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216. 3. RAVINDRA @ RAVI S/O. SHIDARAY BHAJANTRI, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591265. 4. KRASHNAPPA @ CHINTU S/O. HANAMANT MANE, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216. 5. SMT. SAVITA D/O. TAMMANNA BHAJANTRI @ SMT. SAVITA W/O. LAXMAN BHAJANTRI, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. BIDARI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONERS (BY SRI. RAHUL S.KUNTOJI, ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.06 15:06:38 +0530 - 2 - NC: 2025:KHC-D:2149 CRL.P No. 100199 of 2025 DHARWAD, THROUGH PSI, ATHANI POLICE STATION, DIST. BELAGAVI-591304 …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO, DIRECT THE ATHANI POLICE TO RELEASE THE PETITIONERS (ACCUSED NO.1, 5, 7, 9 AND 11) ON BAIL IN THE EVENT OF THEIR ARREST IN RESPECT OF ATHANI PS CRIME NO.0380/2024 REGISTERED FOR THE OFFENES P/U/SEC. 109, 115(2), 118(1) 118(2), 189(2), 190, 191(2), 191(3), 351(2) AND 352 OF BNS, 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ATHANI ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard learned counsel for the parties. 2. The petitioners/accused Nos.1, 5, 7, 9 and 11, who are investigated for the offences punishable under Sections 109, 115(2), 118(1) & (2), 189(2), 190, 191(2) & (3), 351(2), and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, have approached this Court seeking enlargement on regular bail. 3. The case of the prosecution is that when the complainant and his family members stepped out of their house, the petitioners and others allegedly threw chili powder into the complainant’s eyes. They then forcibly entered the complainant’s house, armed with sickles and talwars, with the alleged intent to kill the complainant’s sons, Sudheer and Vajramuni. It is further - 3 - NC: 2025:KHC-D:2149 CRL.P No. 100199 of 2025 alleged that they assaulted Sudheer and Vajramuni on their stomachs and hands with sickles and also attacked the complainant’s husband with a sickle. Additionally, one Anand was allegedly struck on the head with an axe, resulting in grievous injuries and life-threatening harm to the victims. The injured persons initially received treatment at the Government Hospital, Athani, and later continued their treatment at Miraj Hospital. 4. The injured victims, who sustained grievous injuries, have since been discharged from the hospital. The offence under Section 109 of the BNS, 2023, carries a punishment of a minimum of 10 years, extendable to life imprisonment. However, there has been no recovery of any weapons allegedly used in the commission of the crime from the petitioners. Moreover, the specific allegation of assaulting Anand with an axe is attributed to accused No.10, and no direct role in the assault has been assigned to the present petitioners. 5. Considering the stage of investigation and the nature of allegations, the petitioners/accused Nos. 1, 5, 7, 9, and 11 have made out a prima facie case for grant of regular bail. Accordingly, I proceed to pass the following. Accordingly, I proceed to pass the following: ORDER a. The appeal is allowed. b. The petitioners/accused Nos.1, 5, 7, 9 and 11 are enlarged on anticipatory bail, in the event of their arrest, in - 4 - NC: 2025:KHC-D:2149 CRL.P No. 100199 of 2025 Crime No.380/2024, registered by Athani Police Station, for the offences punishable under 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2), and 352 of the BNS 2023, subject to following conditions: i. Petitioners/accused Nos.1, 5, 7, 9 and 11 shall furnish personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. They shall make themselves available for the purpose of investigation as and when required and shall cooperate with the investigation. iii. They shall furnish their residential address proof and shall inform the investigating officer/Court, if there is any change in the address. iv. They shall mark their attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet. v. He shall not tamper with the prosecution witnesses either directly or indirectly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 15