- 1 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101985 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. SHRIKANT S/O. JYOTEPPA UDOJI, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 2. MALLAPPA S/O. PARASHURAM UDOJI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 3. MADIWALAPPA S/O. PARASHURAM UDOJI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ AND DIST. DHARWAD. 4. BASAPPA S/O. NAGAPPA UDOJI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 5. SHIVAPPA S/O. JYOTEPPA UDOJI, AGE: 29 YEARS, OCC. AGRICULTURE, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 R/O. HOSATTI, TQ. AND DIST. DHARWAD. 6. SANJEEV S/O. MADIWALAPPA UDOJI, AGE: 43 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ AND DIST. DHARWAD. …PETITIONERS (BY SRI. L. S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI GARAG P.S, REPRESENTED BY HGP, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS (ACCUSED NO.2 TO 7) AND THEREBY DIRECTION MAY BE ISSUED TO THE RESPONDENT TO RELEASE IN THE EVENT OF THEIR ARREST IN GARAG P.S. CRIME NO.61/2025 ALLEGING U/S.189(2), 191(2), 191(3), 115(2), 118(2), 352, 351(2) (3) R/W. 190 OF BNS ON THE FILE OF IST ADDL. CIVIL JUDGE (JR.DN) AND JMFC DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. 2. This petition is filed by accused Nos.2 to 7 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 438 of Cr.P.C. seeking anticipatory bail in connection with Crime No.61/2025 for the offences punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 191(3), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Brief facts of the prosecution case are as under: On 07.04.2025 at about 10:30 a.m., when the first informant’s husband’s brothers, Manjunath Siddappa Udoji and Annappa Sidappa Udoji, went to unload a tractor-load of sand, accused Nos.1 to 8 began abusing and questioning as to why sand was being unloaded there. At - 4 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 that time, accused Nos.1 and 2 assaulted the first informant’s husband, Ningappa Udoji, with wooden sticks, while accused No.3 assaulted him with a stone, causing injuries to his neck and back. Irappa sustained injuries to his left hand and head. Accused Nos.4 to 8 allegedly assaulted Irappa, Ningappa, and Yallappa with their hands, resulting in further injuries. Consequently, the first informant lodged a complaint, leading to the registration of the FIR and initiation of investigation. Hence, the petitioners have filed the present petition seeking anticipatory bail. 4. Learned counsel for the petitioners contended that the petitioners are innocent, have not committed any offence as alleged by the prosecution, and there are no criminal antecedents. It is submitted that there exists a case and a counter-case between the parties, and civil litigation is also pending between them. The alleged offences are not punishable with death or imprisonment for life. The petitioners are willing to abide by any - 5 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 conditions that may be imposed by this Court. Therefore, the learned counsel for the petitioners has prayed for grant of anticipatory bail. 5. Per contra, the learned High Court Government Pleader contended that there is prima facie material against the accused, and that they have caused a fracture to the first informant. It is submitted that if the accused are released on bail, they may threaten the first informant and hamper the investigation as well as the trial. Therefore, he prayed for rejection of the bail petition. 6. On perusal of the material available on record, it is revealed that accused No.8 has already been enlarged on bail by the learned Additional District and Sessions Judge, Dharwad. The prosecution papers further indicate that there is ongoing civil litigation between the parties, and that a case and counter-case exist between the complainant’s family and the accused persons. - 6 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 7. On 07.04.2025 at about 10:30 a.m., a scuffle occurred between the complainant’s family and accused Nos.1 to 8 in connection with the unloading of sand from a tractor. 8. Learned counsel for the petitioners contended that accused No.1 has died due to injuries sustained in the incident. The injured persons have now been discharged from the hospital. Therefore, there is no threat to the victim. 9. Admittedly, the alleged offences are not punishable with death or imprisonment for life. It is a well- established principle of law that, while considering a bail application, the Court must take into account the nature of the offence, the circumstances in which it was committed, the position and status of the petitioners, the likelihood of their fleeing from justice, the possibility of tampering with witnesses, and the character and antecedents of the accused. In the present case, there is a case and counter- - 7 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 case between the parties, along with ongoing civil litigation. Therefore, it is just and necessary to allow the petition. Accordingly, I proceed to pass the following order: ORDER i. The criminal petition is hereby allowed. ii. The petitioners are ordered to be enlarged on bail in the event of their arrest by the respondent – Police on they executing personal bonds for a sum of Rs.1,00,000/- each with a surety for the likesum to the satisfaction of the Investigating Officer/SHO. iii. The petitioners shall appear before the Investigating Officer within a period of 15 days from the date of receipt of a copy of this order. iv. The petitioners shall mark their attendance on the first Sunday of every month between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier. v. The petitioners shall not tamper with the prosecution witnesses. - 8 - HC-KAR NC: 2025:KHC-D:7441 CRL.P No. 101985 of 2025 vi. The petitioners shall not involve themselves in any such offences in future. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 20