- 1 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 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.104211 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SRI VIDYANAND S/O SHANKAR SUBEDHAR, AGE. 52 YEARS, OCC. POLICE OFFICER, R/O. MANIKANT NAGAR, DHARWAD, TQ. DIST. DHARWAD-580001. 2. SRI RACHAPPA S/O. KANDAPPA KANABUR, AGE. 35 YEARS, OCC. POLICE OFFICER, R/O. RAKSHA COLONY POLICE QUARTERS, DHARWAD, TQ. DIST. DHARWAD-580001. …PETITIONERS (BY SRI N.D.GUNDE, ADVOCATE.) AND: STATE OF KARNATAKA, BY DHARWAD SUB-URBAN P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. …RESPONDENT (BY SRI JAIRAM SIDDI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO GRANT THEM REGULAR BAIL IN CRIME NO.163/2025 OF DHARWAD SUB- URBAN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 230, 118(2), 74, 126(2), 324(4), 109, 308(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, DHARWAD-HUBLI, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 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) The petitioners, who are accused Nos.1 and 2 are before this Court seeking for regular bail in Crime No.163/2025 of respondent-police for the offences under Sections 109, 238, 118(2), 324(4), 238, 126(2), 74 and 352 read with Section 190 of Bharatiya Nyaya Sanhita, 20231, pending before the Principal Civil Judge (Jr.Dn.) and JMFC Court, Dharwad. Brief facts of the case: 2. The case of the prosecution is that on 28.09.2025, at about 11.00 p.m., the complainant along with her husband and children were serving food to the customers in the mess. There were two other customers, who were having dinner. At that time, the two policemen, who are the petitioners herein entered inside the mess and 1 For short, ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 asked them to close the mess. The husband of the complainant informed them that, the mess would be closed after having completed the dinner of the two customers. However, the police who were in the intoxicated state, started abusing and assaulting the husband of the complainant. When her husband tried to rescue himself from the beatings, one of the policemen had informed the other police officials and asked them to come near the said mess. It is further stated that, the other police officials coming near the mess and started assaulting indiscriminately on the husband of the complainant and caused injuries. After the incident, the said police officials had destroyed the CCTV footage and went away from the spot. The husband of the complainant was shifted to the hospital for treatment. During the course of investigation, the petitioners were arrested. - 4 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 3. Heard Sri. N. D. Gunde, learned counsel for petitioners and Sri Jairam Siddi, learned High Court Government Pleader for the respondent-State. 4. The submission of the learned counsel for the petitioners is that, the petitioners are police officials they were deputed to maintain law and order in their respective localities, as there was a Cricket Match between India – Pakistan, which was being telecasted through various television channels. It is further submitted that, the police officials asked the husband of the complainant to close the mess. However, they did not get any satisfactory answer. Therefore, there was an altercation between the husband of the complainant and the police officials. In the said scuffle, it is alleged that, the complainant had sustained head injury and he was hospitalized. It is further submitted that, though the complainant had made certain allegations against the police officials, no - 5 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 specific overt act is attributed against the petitioners. Therefore, the ingredients of Section 109 of BNS, 2023, cannot be attracted against the petitioners. Therefore, they may be enlarged on bail by imposing suitable conditions. They will abide the conditions imposed by this Court, in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays for allowing the petition. 5. Per contra, learned High Court Government Pleader for the respondent-Police vehemently opposed the said submission and further submitted that, the petitioners being police officials assaulted the ex-serviceman, who was running the mess, even though, there was no standing order by the Government to close the hotels and eateries. It is further submitted that the manner in which the husband of the complainant was assaulted would indicate the gravity of the offence and also the highhandedness of the police officials. If the petition is allowed, and the petitioners are ordered to be enlarged on bail, there may be - 6 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 chances of not only committing the similar offence, but also, threatening the prosecution witnesses. Therefore, the petition may be rejected. 6. Having heard the learned counsel for the respective parties and also perused the findings of the Trial Court and the averments of the complaint, it would indicate that the police officials who are the petitioners herein, under the instruction of higher officials had asked the complainant to close the mess. However, prima facie there is a altercation between police and husband of the complainant. 7. Having noticed the injury caused to the husband of the complainant and also the gravity of the offence, without adverting to the merits of the case, it is appropriate to grant bail them bail by imposing suitable conditions. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 of 2025 (ii) The petitioners who are accused Nos.1 and 2 are ordered to be enlarged on bail in Crime No.163/2025 of respondent- police pending before the Principal Civil Judge (Jr.Dn.) and JMFC Court, Dharwad, on executing a personal bond in a sum of Rs.1,00,000/- (One Lakh Rupees) each, with one surety each, for the like sum, to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall not leave the jurisdiction of the Court till disposal of the case. (v) The petitioners shall appear before the Trial Court on all dates of hearing without fail. - 8 - HC-KAR NC: 2025:KHC-D:14350 CRL.P No. 104211 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 MRK CT: UMD List No.: 2 Sl No.: 16