- 1 - NC: 2025:KHC-D:7192 CRL.P No. 101868 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101868 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. NAGARAJ S/O. YANKAPPA, AGE: 31 YEARS, OCC: AGRICULTURIST. 2. BASAPPA S/O TAYAPPA TALAWAR AGE: 44 YEARS, OCC: AGRICULTURIST. 3. SIDDAPPA S/O. BASAPPA TALAWAR, AGE: 34 YEARS, OCC: AGRICULTURIST. ALL ARE R/O: 1ST WARD, NEAR DURUGAMMA TEMPLE, NAVALI, TQ: KANAKAGIRI, KOPPAL – 583 283. …PETITIONERS (BY SRI. R. M. JAVED, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH KANAKAGIRI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH AT DHARWAD – 580 001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS /438 OF CRPC SEEKING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ACCUSED NO 1 TO 3 ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH KANAKAGIRI PS CRIME NO.134/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 74, 109(1), 49, 352, 351 READ WITH SECTION 190 BNS. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7192 CRL.P No. 101868 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. This criminal petition is filed by accused Nos.1 to 3 under Section 438 of Cr.P.C (under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) challenging the order of the Sessions Court, whereby anticipatory bail was denied to them in Crime No.134/2024 for offences under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 109(1), 49, 352, 351 r/w Section 190 of BNS, 2023. 2. The petitioners had filed Crl.Misc.No.209/2024 seeking anticipatory bail which came to be rejected by the Sessions Court. 3. Learned counsel for the petitioners submits that the present case arises out of a complaint and counter complaint situation. It is stated that the complainant in the present case, along with other accused persons in Crime No.136/2024-which is based on the complaint filed by the present petitioners have already been granted anticipatory bail by the Sessions Court. - 3 - NC: 2025:KHC-D:7192 CRL.P No. 101868 of 2025 It is further brought to the notice of this Court that before the Lok Adalath that was scheduled on 14.12.2024, the parties in both the case have amicably resolved their disputes. 4. The material on record indicates that the alleged incident took place on 17.09.2024 and it was based on information provided by the petitioners that FIRs were registered in Crime No.136/2024 and the present Crime No.134/2024. A perusal of the complaint and FIR does not disclose any prima facie case against the petitioners to justified proceedings under the offences alleged. In the light of the amicable settlement between the parties and the fact that similarly placed accused have been granted anticipatory bail, this Court is of the view that the petitioners are also entitled to the benefit of anticipatory bail on the ground of parity and in the interest of justice subject to the following conditions: i. The petitioners-accused Nos.1 to 3 shall furnish personal bonds to a sum of Rs.50,000/- each with two sureties of likesum to the satisfaction of the trial Court. In addition the following conditions: - 4 - NC: 2025:KHC-D:7192 CRL.P No. 101868 of 2025 i. The petitioners-accused Nos.1 to 3 shall appear before the investigating officer as and when required and shall further co- operate with the investigation. ii. The petitioners-accused Nos.1 to 3 shall not involve in similar or any other offence. iii. The petitioners-accused Nos.1 to 3 shall appear before the trial Court regularly and shall not leave the jurisdiction of the trial Court without prior permission. _________Sd/-__________ JUSTICE K.S.HEMALEKHA RH CT-ASC List No.: 1 Sl No.: 6