- 1 - NC: 2025:KHC-D:2150 CRL.P No. 100201 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. 100201 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SMT. VILASBAI W/O. HANAMANT MANE AGE. 41 YEARS, OCC. HOUSEHOLD WORK, R/O. KORAVI GALLI, ICHALAKARANJI, TQ. HATAKANANGALE, DIST. KOLHAPUR, MAHARASHTRA STATE. 2. SMT. LAXMIBAI W/O. TAMMANNA BHAJANTRI AGE. 39 YEARS, OCC. HOUSEHOLD WORK, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216. 3. SHIDARAY S/O. BABU BHAJANTRI AGE. 52 YEARS, OCC. AGRICULTURE, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591265. 4. TAMMANNA S/O. SHANKAR BHAJANTRI AGE. 49 YEARS, OCC. AGRICUTLURE, R/O. MASAGUPPI ROAD, ATHANI, DIST. BELAGAVI-591304. 5. RAVI @ RAVINDRA S/O. HANAMANT MANE AGE. 31 YEARS, OCC. AGRICULTURE, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216. …PETITIONERS (BY SRI. RAHUL S.KUNTOJI, ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD PSI, ATHANI POLICE STATION, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.06 15:06:53 +0530 - 2 - NC: 2025:KHC-D:2150 CRL.P No. 100201 of 2025 DIST. BELAGAVI-591304. …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 PETITIONERS (ACCUSED NO.2, 3, 4, 6 AND 8) ON BAIL IN RESPECT OF CRIME NO. 0380/2024 REGISTERED BY THE ATHANI POLICE STATION AGAINST PETITIONERS (ACUSED NO.2, 3, 4, 6 AND 8) 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 (JR.DN.) 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 1. Heard learned counsel for the parties. 2. The petitioners/accused who are facing investigation for offences punishable under Sections 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2), and 352 of the BNS 2023, are before this Court seeking enlargement on regular bail. 3. The prosecution’s case is that when the complainant and his family members stepped out of their house, the petitioners 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, - 3 - NC: 2025:KHC-D:2150 CRL.P No. 100201 of 2025 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. Petitioners/accused have been in judicial custody since 14.11.2024 , and the petitioners contended that there is no recovery of any weapons used in the commission of the crimes from the petitioners. The offence under Section 109 of BNS 2023 carries a punishment of a minimum of 10 years, extendable to life imprisonment. The specific allegation of assaulting Anand with an axe on his head is against accused No.10. Given these circumstances, the petitioners have made a prima facie case for being granted regular bail. 5. Accordingly, the petition is allowed. The Petitioners (accused Nos.2, 3, 4, 6 and 8) herein are enlarged on bail in Crime No.380/2024, registered by 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) Petitioners (accused Nos.2, 3, 4, 6 and 8) shall furnish their personal bond for a sum of Rs.1 lakh with each one surety for the likesum to the satisfaction of the jurisdictional Court. (b) They shall appear before the Investigation officer as and when summoned , and cooperate with the investigation . - 4 - NC: 2025:KHC-D:2150 CRL.P No. 100201 of 2025 (c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) They shall not get involved in similar offences. (e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 16