- 1 - HC-KAR NC: 2025:KHC-D:9978 CRL.P No. 102498 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102498 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: GURAPPA BASAVAREDDY MADOLLI, AGE: 64 YEARS, OCC: BUSINESS, R/O: MANTUR ROAD, MAITRA COLONY, PLOT NO.26, HUBBALLI 560020. …PETITIONER (BY SRI. R. M. JAVED, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BENDEGERI P.S HUBLI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHAWAD 580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) PRAYNG TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH BENDEGERI P.S HUBLI CRIME NO.74/2025 FOR THE ALLEGED OFFENCES PUNISHABLE US 105 R/W. SEC.3(5) OF BNS, 2023 ON SUCH TERMS, AND CONDITIONS THAT THIS HON’BLE COURT MAY BE PLEASE TO IMPOSE. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9978 CRL.P No. 102498 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.74 of 2025 registered by Bendigeri Police Station, Hubballi South Sub-Division, Hubballi-Dharwad City for the offences punishable under Section 105 read with Section 3(5) of BNS, 2023, is before this Court under Section 482 of the BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.74 of 2025 registered by Bendigeri Police Station, Hubballi South Sub-Division, Hubballi-Dharwad City for the aforesaid offences against Ningareddy and his father. The petitioner, who is the father of Ningareddy apprehending arrest in the case had filed Crl.Misc. No.5357 of 2025 before the Court of V-Addl. District and Sessions Judge, Dharwad, sitting at Hubballi - 3 - HC-KAR NC: 2025:KHC-D:9978 CRL.P No. 102498 of 2025 which was rejected on 24.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the deceased Basappa who is the father of first informant Sunil Basappa Kusugal, appears to have taken certain property on lease and when he was cultivating the said property, accused Nos.1 and 2 allegedly came there and asked him not to cultivate the land, since the lessor of the said land, who had earlier leased the said property to the accused was due to pay some money to them. It is alleged that accused No.1 kicked Basappa on his chest and as a result, Basappa suffered injury in the said incident and died in the Hospital. 5. The allegation of kicking deceased on his chest is found only as against accused No.1, who is the son of petitioner. So far as the petitioner is concerned, the only allegation against him is that he had instigated his son to assault Basappa. Petitioner aged above 64 years, has no - 4 - HC-KAR NC: 2025:KHC-D:9978 CRL.P No. 102498 of 2025 other criminal antecedents. Accused No.1 who is arrested in the present case is said to be in custody. Petitioner who has no other criminal antecedents has undertaken to co- operate with the police for the purpose of investigation. Accordingly, the following: ORDER i. Criminal petition is allowed. ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.74 of 2025 registered by Bendigeri Police Station, Hubballi South Sub-Division, Hubballi-Dharwad City for the offences punishable under Section 105 read with Section 3(5) of BNS, 2023, subject to the following conditions: a. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with - 5 - HC-KAR NC: 2025:KHC-D:9978 CRL.P No. 102498 of 2025 two sureties for the like sum to the satisfaction of the investigating officer. b. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The petitioner shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP & KGK / CT: ANB List No.: 1 Sl No.: 20