- 1 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101257 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SAMARTH S/O. SHIVAKUMAR SINDAGI, AGE: 25 YEARS, OCC. PRIVATE WORK, R/O.VIJAYAPURA, TQ. VIJAYAPURA, DIST. VIJAYAPURA, PIN CODE-591102. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TOWN P.S., JAMAKHANDI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023 (UNDER SECTION 438 OF CR.P.C.) SEEKING TO ALLOW THE PETITION AND ENLARGE THE ACCUSED NO.1/PETITIONERS ON ANTICIPATORY BAIL CRIME NO. 18/2024 REGISTERED BY THE TOWN PS, JAMAKHANDI, OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 326, 504, 506 R/W. 146 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM COURT JAMAKHANDI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:21:21 +0530 - 2 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sachin C. Angadi, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for the State/respondent. 2. Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “To allow the petition and enlarge the accused no.1/petitioners on anticipatory bail Crime No. 18/2024 registered by the town PS, Jamakhandi, offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506 R/W. 146 of IPC pending on the file of Prl. Civil judge (Sr.Dn) and CJM Court Jamakhandi.” 3. Petitioner is accused No.1 in Crime No.18/2024 of Jamakhandi Police Station for the offences punishable under Section 143, 147, 148, 323, 324, 326, 504, 506 read with Section 149 of IPC. 4. Gist of the complaint averments would reveal that on 25.02.2024, accused persons participated in dog show and picked up the quarrel with the organizers of the dog show. - 3 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 Quarrel was pacified and Prajwal Babu who is the son of complainant took leading role in pacifying the quarrel. On account of the same, all the accused persons nurtured ill will and followed the car were said Prajwal Babu was moving and near the hair cutting saloon of Shrikant Sabkalle, Tippu Sultan Circle, they intercepted the car of Prajwal Babu and picked up the quarrel again and assaulted him. Stone was used for assaulting Prajwal Babu on his head and person who intervened to pacify the quarrel namely Arun Basavaraj Giriddi was also assaulted. 5. After registering the case, police are investigating the matter. 6. During the course of investigation, wound certificate of Prajwal Babu was also secured wherein it is found that one of the injuries sustained by Prajwal Babu is opined as grievous, as there is a fracture. 7. Taking note of these aspects of the matter, his request for anticipatory bail was rejected by the learned Trial Magistrate. - 4 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 8. Thereafter, petitioner is before this Court seeking grant of bail. 9. Learned counsel for the petitioner submits that petitioner is innocent of the offences alleged against him and he is ready to join the investigation and undergo limited period of custodial interrogation as well and therefore, his request may be considered. 10. Per contra, learned High Court Government Pleader opposes the bail grounds. 11. Having heard the parties in detail, it is noticed that though the case came to be registered in the month of February, 2024, till today, charge sheet could not be filed for want of presence of the present petitioner. 12. Under such circumstances, directing the petitioner to join the investigation and undergo limited period of custodial interrogation would not only protect the interest of the petitioner but also facilitate the investigation process as well. 13. Accordingly, without expressing further opinion on the merits of the matter, following: - 5 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 ORDER i. Petition is allowed. ii. Petitioner is directed to join the investigation by appearing before the Investigation Officer on 17.04.2025 positively at 9.00 a.m. iii. Investigation Officer is at liberty to take the petitioner to custody and complete the custodial interrogation on the very same day before 6.00 p.m. iv. Thereafter, petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- [Rupees One Lakhs Only] with two sureties for the likesum to the satisfaction of the investigation officer. v. Petitioner shall cooperate with the investigation agency in all respects. vi. Petitioner shall not directly or indirectly tamper the prosecution witnesses in any manner. - 6 - NC: 2025:KHC-D:5946 CRL.P No. 101257 of 2025 vii. Petitioner shall mark his attendance before the Investigation Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. viii. Petitioner shall attend the Court regularly. ix. Petitioner shall not leave the jurisdiction of Bijapur and Bagalkot District without prior permission. x. Petitioner shall not indulge in similar offences. Violation of any one of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 1 SL NO.: 14