- 1 - HC-KAR NC: 2025:KHC:37977 CRL.P No. 12177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12177 OF 2025 BETWEEN: 1. SMT. GANGAMMA S/O LATE SADASHIVAIAH, AGED ABOUT 66 YEARS, 2. MR. CHIDAMBARA S/O LATE SADASHIVAIAH AGED 38 YEARS 3. SMT. ASHA D/O SADASHIVAIAH AGED 34 YEARS, ALL ARE R/AT BORAGONDANAHALLI VILLAGE CHELUR HOBLI, GUBBI TALUK TUMKUR DISTRICT …PETITIONERS (BY SRI. RAVISHANKAR.K FOR SRI. SHIVARAMU H.C., ADVOCATE) AND: STATE BY CHELUR POLICE STATION POLICE- REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE- 560 001 …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37977 CRL.P No. 12177 of 2025 (BY SRI. R.RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE STATION HOUSE OFFICER OF RESPONDENT CHELUR POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN FOR THE OFFENCE P/U/S 118(1),75(2) R/W 3(5) OF BNS 2023 IN CR.NO.02/2025 WHICH IS PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/Accused Nos.1 to 3 in Crime No.2/2025 of Chelur Police Station, Tumakuru registered for the offence punishable u/s.118(1), 75(2) and 3(5) of BNS 2023 has preferred this petition u/s.482 of BNSS 2023 to enlarge them on anticipatory bail. 2. Heard both the sides and perused the material on record. 3. In the complaint lodged by one Lalithamma w/o Rajanna, she has stated that out of 2 acres 33 guntas of land in Sy.No.7/01 of Boragondanahalli village, 2 acres are in the - 3 - HC-KAR NC: 2025:KHC:37977 CRL.P No. 12177 of 2025 name of her sister-in-law Gangamma-Petitioner No.1 and the remaining 33 guntas is in the name of her father-in-law, late Shivanna and she is in possession and enjoyment of the said portion of the land measuring 33 guntas. It is alleged that on 02.01.2025 at 3.30 p.m. the accused were plucking coconuts in the said land and when questioned, they assaulted her with wooden sticks, etc. and Accused No.2 insulted her by showing his private part to her. Thereafter, her husband Rajanna and a villager by name Rudraiah pacified the quarrel and her husband took her for treatment to Chellur Government Hospital and Gubbi hospital. 4. It appears that there is a civil dispute between the parties. Petitioners are close relatives of the defacto complainant. The injuries sustained by her are simple in nature, as per the wound certificate. 5. It is submitted by the learned counsel for the petitioners that there is a counter case registered against the defacto complainant, her husband and their daughter in Crime No.3/2025 of Chelur Police Station in respect of the very same incident, u/s. 74, 115(2), 352 and 3(5) of BNS 2023. Copy - 4 - HC-KAR NC: 2025:KHC:37977 CRL.P No. 12177 of 2025 of the FIR in the said case has been furnished, wherein it is seen that the defacto complainant in the present case and others are alleged to have assaulted petitioner No.1 and her daughter-Petitioner No.3. 6. It is contended by the learned counsel that the dispute is purely civil in nature and the present proceedings are initiated intending to exert pressure on the petitioners in the ongoing civil disputes with an attempt to give a criminal colour to the civil dispute. 7. Considering the entire facts and circumstances of the case, petitioners can be given the relief sought in the petition by imposing necessary conditions. Hence, the following: O R D E R Criminal Petition is allowed. Consequently, the petitioners – accused nos.1 to 3 in Crime No.2/2025 of Chelur Police Station, Tumakuru shall be released on bail in the event of their arrest subject to following conditions: i. Petitioners-accused Nos. 1 to 3 shall appear before the Investigating Officer within a - 5 - HC-KAR NC: 2025:KHC:37977 CRL.P No. 12177 of 2025 period of one week from the date of receipt of copy of the order; ii. They shall execute a personal bond for a sum of Rs.50,000/- (Rupees Thousand only) each with two sureties for the like sum to the satisfaction of the jurisdictional Court. iii. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. iv. They shall not directly or indirectly tamper with the prosecution witnesses. v. They shall not indulge themselves in committing any offence. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SNB List No.: 1 Sl No.: 38