- 1 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104284 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: RAMANNA NIPPANI, AGE. 45 YEARS, OCC. STUDENT/PRIVATE BUSINESS, R/O. VIVEKANAND CIRCLE, SAPTHAPUR, DHARWAD, DIST. DHARWAD. …PETITIONER (BY SRI. SANKET SHANKRAPPA AMBALI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SUB-URBAN P.S., DHARWAD, R/BY ADDITIONAL S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND, AN ANTICIPATORY BAIL MAY BE GRANTED TO THE PETITIONER/ACCUSED NO.1 IN FIR NO.162/2025 DATED 29.09.2025 REGISTERED AT THE SUB-URBAN POLICE STATION, DHARWAD UNDER SECTIONS 115(2), 117(2), 118(1), 121(2), 132, 126(2), 351(2) R/W 3(5), 352 OF BNS, 2023, PENDING ON Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DHARWAD AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.1 is before this Court seeking for grant of anticipatory bail in Crime No.162/2025 of respondent-police for the offences under Sections 115(2), 117(2), 118(1), 121(2), 132, 126(2), 351(2) read with Sections 3(5), 352 of Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the complainant who is Police Constable was on bandobast duty along with one V. S. Subedar. As there was a cricket match between India and Pakistan, the complainant had instructed the owner of the mess to close the mess. However, the petitioner being a owner of the said mess immediately coming out of the mess and started abusing in filthy language and wrongly restrained the complainant and - 3 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 another and assaulted the police officials and caused injuries. Hence, a complaint came to be registered against the petitioner. 3. The respondent-police after conducting the investigation, submitted the charge sheet. 4. Heard Sri. Sanket Shankarappa Ambli, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, though there is no such provision to close the eateries, the complainant and another being a police officials deliberately asked the petitioner to close the mess, when the petitioner sought some time to close the mess, they started assaulting the petitioner. 6. It is further submitted that the petitioner was hospitalized for a considerable length of time. The petitioner had lodged a complaint against the police officials as - 4 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 retaliation and also by misusing the power. He foisted a false case against the petitioner in order to harass and also applying coercive method to withdraw the complaint filed by the petitioner. 7. It is further submitted that, if the petition is not allowed there may be chances of threatening the petitioner by taking him to custody. Therefore, it is appropriate to grant him bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioner stated to be the Ex-Army man was running a mess inspite of instructions given him to close the said mess as there was a match between India and Pakistan was being telecasted through TV channels. Being aggrieved by the instructions, he assaulted the police officials who were on duty and committed the offences stated supra. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 9. Having heard the learned counsel for the respective parties and perused the averments of the complaint it appears that, the petitioner had assaulted the complainant and another. However, the alleged offences are neither punishable with death nor imprisonment for life. 10. On reading of the averments of the complaint and also counter complaint given by the petitioner against the police officials, I am of the considered opinion that, this is a fit case to grant anticipatory bail to the petitioner by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.162/2025 of respondent-police for the offence under Sections 115(2), 117(2), 118(1), 121(2), 132, 126(2), 351(2) read with Sections 3(5), 352 of Bharatiya Nyaya - 6 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not commit any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:14412 CRL.P No. 104284 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 12