- 1 - HC-KAR NC: 2025:KHC-D:12129 CRL.P No. 103549 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103549 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MANJUNATH S/O BASAPPA BASANIKKI, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. MAREGUDDI-587 301, TQ. JAMKHANDI, DIST. BAGALKOT. & PETITIONER (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY PSI JAMKHANDI RURAL POLICE STATION, JAMKHANDI-587 301, TQ. JAMKHANDI, DIST. BAGALKOT, REP/BY SPP AG OFFICE, HIGH COURT BUILDING, DHARWAD. & RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN JAMKHANDI RURAL P.S. CRIME NO.92/2025 REGISTERED ON 22.07.2025 FOR THE ALLEGED OFFENCES UNDER SECTIONS 115(2), 126(2), 118(1), 118(2), 352, 351(2), 3(5) OF BNS-2023, BY ALLOWING THIS CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12129 CRL.P No. 103549 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.92/2025 registered by Jamakhandi Rural Police Station, Bagalkot, for the offences punishable under Sections 115(2), 126(2), 118(1), 118(2), 352, 351(2) and 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.92/2025 was registered by Jamakhandi Rural Police Station, Bagalkot, for the aforesaid offences against petitioner herein and another based on the first information dated 22.07.2025 received from injured victim Vittal Ishwar Hawaldar. Apprehending arrest in the case, petitioner and accused No.2 had filed Crl.Misc.No.5158/2025 before the jurisdictional Sessions Court which was rejected as against the petitioner by order dated 23.08.2023. It is under these circumstances, the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:12129 CRL.P No. 103549 of 2025 4. Perusal of the material on record would go to show that accused nos.1 and 2 are brother-in-laws of injured victim Vittal Ishwar Hawaldar. Sisters of injured victim are married to the petitioners. It appears that there is a dispute between the accused and the injured victim for the reason that injured victim had not supported them financially when they were in need. The allegation against accused nos.1 and 2 is that on 18.07.2025, they had quarrelled with the first informant and had assaulted him with their hands. Thereafter, petitioner allegedly had picked up a wooden club that was lying down on the ground and had assaulted the victim on his right hand and as a result, victim had suffered grievous injury on his right hand. In respect of the alleged incident that had taken place on 18.07.2025, first information is belatedly filed on 22.07.2025, which is after a lapse of more than four days from the alleged incident. Wound Certificate of the victim would go to show that he had taken treatment for his injury in a Government Hospital on 18.07.2025. However, the history of assault is not found in the Wound Certificate. Further, no medico legal intimation was forwarded to the police even though victim, who had suffered grievous injury was admitted in the Government Hospital for treatment. - 4 - HC-KAR NC: 2025:KHC-D:12129 CRL.P No. 103549 of 2025 Undisputedly, petitioner herein, who is a agriculturist has no other criminal antecedents. Accused No.2 is said to have been granted anticipatory bail in the present case by the jurisdictional Sessions Court. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.92/2025 registered by Jamakhandi Rural Police Station, Bagalkot, for the offences punishable under Sections 115(2), 126(2), 118(1), 118(2), 352, 351(2) and 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR NC: 2025:KHC-D:12129 CRL.P No. 103549 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 26