- 1 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103182 OF 2025 C/W CRIMINAL PETITION NO. 103191 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL. P. NO.103182 OF 2025: BETWEEN: SHIVALING S/O BALAPPA SUTAR, AGED 22 YEARS, OCC. STUDENT, R/O. JANAWAD, TQ. ATHANI, DIST. BELAGAVI-591 240. … PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE FOR SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH ATHANI PS, BELAGAVI-591 304. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO DIRECT THE ATHANI POLICE TO RELEASE THE PETITIONER (ACCUSED NO.2) ON REGULAR BAIL IN RESPECT OF ATHANI PS CRIME NO.0260/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 118(2), 3(5) AND 352 OF BNS PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ATHANI. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 IN CRL. P. NO.103191 OF 2025: BETWEEN: BALAPPA S/O ANNAPPA SUTAR, AGED 52 YEARS, OCC. AGRICULTURE, R/O. JANAWAD, TQ. ATHANI, DIST. BELAGAVI-591 240. … PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE FOR SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH ATHANI PS, BELAGAVI-591 304. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO DIRECT THE ATHANI POLICE TO RELEASE THE PETITIONER (ACCUSED NO.1) ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN RESPECT OF ATHANI PS CRIME NO.0260/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 118(2), 3(5) AND 352 OF BNS PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ATHANI. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 are before this Court in these two petitions filed under Section 483 of BNSS 2023 and Section 482 of BNSS 2023 seeking regular bail and anticipatory bail in Crime No.260 of 2025 registered by Athani Police Station, Belagavi district, for offences punishable under Sections 109(1), 118(2), 352 read with Section 3(5) of BNS 2023. 2. Heard learned counsel for the parties. 3. FIR in Crime No.260 of 2025 was registered by Athani Police Station, Belagavi for the aforesaid offences against the petitioners herein based on first information dated 05.07.2025 received from Yadappa Salabanna Kambar, who is one of the injured in the present case. During the course of investigation, accused No.2 was arrested on 06.07.2025 and remanded to judicial custody. His regular bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.10132 of 2025 was - 4 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 rejected on 05.08.2025. Therefore, he is before this Court in Criminal Petition No.103182 of 2025. 4. Apprehending arrest in the case, accused No.1 had filed Criminal Misc.No.10131 of 2025 before the Judicial Sessions Court, which was also rejected on 05.08.2025. Therefore he is before this Court in Criminal Petition No.103191 of 2025. 5. Perusal of the material on record would go to show that there is a civil dispute between the parties and on 05.07.2025 they had fought against each other in the background of the civil dispute between them. In respect of the alleged incident that had taken place on 05.07.2025, there is a case and counter case registered in Crime No.260 of 2025 and Crime No.262 of 2025 by Athani Police Station, Belagavi district. 6. Petitioners herein are accused Nos.1 and 2 in Crime No.260 of 2025. Out of the 3 victims in the present case, Ramesh Yadappa Kamabar, who is the son of the first - 5 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 informant, has suffered grievous injury and the other two have suffered simple injuries. Allegation of assaulting Ramesh and causing grievous injury to him is only as against Accused No. 2, who is in custody from 06.07.2025. As a result of assault made by Accused No.1 in the present case, the victims have suffered only simple injury. 7. Crime No.262 of 2025 was registered based on the first information submitted by accused No.1 in the present case. First informant in the present case is arrayed as accused No.1 in Crime No.262 of 2025. Crime No. 262 of 2025 was registered based on the statement of the accused No.1 herein, who was admitted in the hospital. It is brought to the notice of this Court that in Crime No.262 of 2025, all the accused have been granted anticipatory bail by the Jurisdictional Sessions Court in Crl.Misc.No.10138 of 2025. Undisputedly petitioners herein, who are agriculturalist, do not have any criminal antecedent. Under the circumstances, I am of the opinion that their prayer for grant of regular bail - 6 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 and anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER a. Criminal petitions are allowed. b. The petitioner/accused No.2 is directed to be enlarged on bail in Crime No.260 of 2025 registered by Athani Police Station, Belagavi district, for offences punishable under Sections 109(1), 118(2), 352 read with Section 3(5) of BNS 2023, subject to the following conditions: 1. The petitioner/accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner/accused No.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 3. The petitioner/accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner/accused No.2 shall not involve in similar offences in future; 5. The petitioner/accused No.2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner/accused No.1 in the event of his arrest in Crime No.260 of 2025 registered by Athani Police Station, Belagavi district, for offences punishable under Sections 109(1), 118(2), 352 read with Section 3(5) of BNS 2023, subject to the following conditions: i. The petitioner/accused No.1 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and - 8 - HC-KAR NC: 2025:KHC-D:10782 CRL.P No. 103182 of 2025 C/W CRL.P No. 103191 of 2025 shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner/accused No.1 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner/accused No.1 shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. iv. The petitioner/accused No.1 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK /LIST NO.: 1 SL NO.: 21