- 1 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101322 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. CHAMARAJ S/O. DURGARAM, AGE: 31 YEARS, OCC.GOVERNMENT EMPLOYEE, R/O. HOSALLI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL, PIN-583237. 2. VIRUPAKSHAPPA S/O. DURGARAM, AGE: 33 YEARS, OCC. AGRICULTURIST, R/O. HOSALLI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL, PIN-583237. 3. DEVARAJ S/O. JAMBANNA, AGE: 27 YEARS, OCC. AGRICULTURIST, R/O. HOSALLI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL, PIN-583237. …PETITIONERS (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GANGAVAHI RURAL POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS (UNDER SECTION 438 OF CR.P.C. 1973), SEEKING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN GANGAVATHI RURAL P.S. CRIME NO.47/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.25 14:51:07 +0530 - 2 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 351(2) R/W. 190 OF BHARATHIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, GANGAVATHI, KOPPAL AND SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.35/2025 DATED 28.02.2025, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Shivanand Malashetti, learned counsel for petitioners and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To allow the petition and grant anticipatory bail and enlarge the petitioners on anticipatory bail in Gangavathi Rural P.S. Crime No.47/2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, 351(2) R/W. 190 of Bharathiya Nyaya Sanhita 2023, pending on the file of Prl. Civil Judge and JMFC, Gangavathi, Koppal and set aside the Order passed in Crl.Misc.No.35/2025 dated 28.02.2025, by allowing this petition.” - 3 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 3. Brief facts which are utmost necessary for the disposal of the petition are as under: A complaint came to be lodged with Gangavathi Rural Police Station by Ayyappa s/o Parasappa Kalmani which was registered in Crime No.47/2025 for the offences under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 352, 351(2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for short). 4. The gist of the complaint averments reveal that on 12.02.2025, there was a dispute with regard to the watering the lands of the complainant and the same was pacified by the elders. But on 14.02.2025 again at 11:00 a.m. when there was a panchayat convened and portion of the land that is belonging to the complainant party was asked to give to the complainant party. But at 1:30 p.m., when complainant and his two sons and elders of the committee namely Ramesh, Bhimanna, Virupakshappa, Mariyappa and others were proceeding near the Biralingeshwara Temple, petitioners herein with an intention - 4 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 to take away the life of the complainant party, persons belonging to the complainant party picked up the quarrel and started abusing and assaulting the complainant party. Among the accused persons, Chamaraj s/o Durgaram assaulted with the knife to the son of the complainant by name Hanumesh. He stabbed number of times with an intention to take away the life of Hanumesh. Complainant and his another son Tejas tried to rescue Hanumesh. At that juncture, they were also assaulted and Tejas was held tightly and among the accused, Virupakshappa s/o Durgaram stabbed on the back of Tejas. Devaraj s/o Jambanna kicked him and snatched the knife from the hands of Virupakshappa and he also caused stab injury on the back of Tejas. Durgaram helped the other accused in holding the hands of Tejas in allowing other accused persons to commit the crime. Quarrel was ultimately pacified by the elders of the committee and the villagers and thereafter injured persons were shifted to the hospital. 5. After registration of the case, police are investigating the matter. In respect of the same incident, - 5 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 another complaint was lodged by the accused party which was not registered as a case by the police and after sufficient amount of persuasion, case came to be registered recently. Investigation agency is now investigating the matter. Request made by petitioners for grant of bail is rejected by District Court. 6. Sri Shivanand Malashetti, learned counsel for the petitioners sought for grant of anticipatory bail by reiterating the grounds urged in the petition. 7. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record in respect of the incident, case and counter case now registered. Investigation agency is required to investigate the matter strictly in accordance with the principles of law enunciated in State of Karnataka, by Circle Inspector of - 6 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 Police v/s Hosakeri Ningappa and another reported in ILR 2012 KAR 509. 10. It is noticed that investigation has not been progressed for want of presence of the petitioners. 11. Therefore, without expressing any opinion on the merits of the matter, if the petitioners are directed to join the investigation, the same would facilitate the investigation process. Accordingly, the following order is passed. ORDER (i) Petition is allowed. (ii) Petitioners are directed to join the investigation by appearing before the Investigation Officer positively on 05.05.2025 at 10:00 a.m. (iii) The Investigation Officer is at liberty to take them to custody and complete the custodial interrogation, if any, on the very same day before 6.00 p.m. and thereafter enlarge the petitioners on bail by taking a bond in a sum of Rs.50,000/- each with two sureties for the - 7 - NC: 2025:KHC-D:6843 CRL.P No. 101322 of 2025 likesum to the satisfaction of the Investigation Officer. (iv) Petitioners shall cooperate with the Investigating Agency in all respects. (v) Petitioners shall mark their attendance before the Investigation Officer on every Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vi) Petitioners shall attend the Court regularly. (vii) Petitioners shall not tamper the prosecution evidence or hamper the investigation process in any manner. (viii) Petitioners shall not leave the jurisdiction of Koppal District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE CLK CT:PA LIST NO.: 1 SL NO.: 8