- 1 - HC-KAR NC: 2025:KHC-D:12936 CRL.P No. 103829 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103829 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. DARSHAN SHIVANAND NAIK S/O SHIVANAND NAIK, AGE. 41 YEARS, OCC. KIRANI SHOP, R/O. #82, KANAGIL, SHETGERI POST, TQ. ANKOLA, DIST. UTTARA KANNADA. 2. MR. NITYANAND S/O SHIVANAND NAIK, AGE. 40 YEARS, OCC. KIRANI SHOP, R/O. #82, KANAGIL, SHETGERI POST, TQ. ANKOLA, DIST. UTTARA KANNADA. 3. MR. PRATHVISH RAMACHANDRA NAIK, AGE. 30 YEARS, OCC. COOLIE, R/O. #149, KANAGIL, SHETGERI POST, TQ. ANKOLA, DIST. UTTARA KANNADA. … PETITIONERS (BY SRI. SHARANU NANDOOR, ADVOCATE) AND: THE STATE OF KARNATAKA, (PSI ANKOLA POLICE STATION ANKOLA), REP. BY SPP, HIGH COURT BUILDING, DHARWAD-560 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN ANKOLA POLICE STATION, ANKOLA CRIME NO.118/2025 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT ANKOLA FOR THE OFFENCES PUNISHABLE SECTIONS 49, 118(1), 352, 351(2) R/W SECTION 3(5) OF B.N.S 2023. IN RESPECT OF ACCUSED NO.1 TO 3/PETITIONERS ARE CONCERNED. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12936 CRL.P No. 103829 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 in Crime No.118 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttaraa Kannada District, for the offences punishable under Section 49, 118(1), 352, 351(2) read with Section 3(5) of the BNS, 2023, are 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.118 of 2025 was registered by Ankola Police Station, Uttara Kannada District for the aforesaid offences against the petitioners herein based on the first information dated 18.07.2025 received from Bommayya Naik, who is the injured victim in the present case. Apprehending arrest in the case, the petitioners had filed Crl.Misc. No.290 of 2025 before the jurisdictional - 3 - HC-KAR NC: 2025:KHC-D:12936 CRL.P No. 103829 of 2025 Sessions Court, which was rejected on 20.08.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 17.07.2025 at about 13:45 hours, FIR in Crime No.117 of 2025 was registered by Ankola Police Station on the basis of the first information dated 17.07.2025 received at about 19:15 hours from petitioner No.1 herein and the first informant in the present case is the sole accused in Crime No.117 of 2025. The present criminal case in Crime No.118 of 2025 is registered based on the first information submitted by the sole accused in Crime No.117 of 2025. There is a delay of more than 24 hours in submitting the first information in Crime No.118 of 2025. FIR in Crime No.117 of 2025 is also registered for offences punishable under Sections 118(1), 352 and 351(2) of the BNS, 2023. 5. It appears that the parties have a civil dispute between themselves and in the background of the said civil - 4 - HC-KAR NC: 2025:KHC-D:12936 CRL.P No. 103829 of 2025 dispute, they had fought against each other on 17.07.2025 and in the alleged incident, both the parties have suffered injuries. Therefore, there is a case and counter case in Crime No.117/2025 and 118/2025 registered by Ankola Police Station. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.118 of 2025 registered by Ankola Police Station, Karwar Sub-Division, Uttaraa Kannada District, for the offences punishable under Section 49, 118(1), 352, 351(2) read with Section 3(5) of the BNS, 2023, subject to the following conditions: 1. The Petitioners 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 - 5 - HC-KAR NC: 2025:KHC-D:12936 CRL.P No. 103829 of 2025 Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP, DN CT:BCK LIST NO.: 1 SL NO.: 23