- 1 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102066 OF 2025 (439 OF Cr.PC)/483 OF BNSS) BETWEEN: SRI. SHANKAR S/O. RAMAPPA DODDAMANI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. CHIMMAD VILLAGE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT. …PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH MAHALINGPUR P.S. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.21/2025 REGISTERED WITH MAHALINGPUR P.S. FOR ALLEGED OFFENSES PUNISHABLE U/S.109(1), 118(1), 189(1), 190, 191(1), 329(1), 351(3), 352, 76 OF BNS-2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AT JMFC COURT BHANAHATTI AND ETC. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Vijaykumar B.Horatti, the learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State. 2. The petitioner/accused No.1 has filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in connection with Mahalingapur P.S. Crime No.21/2025 for the offences punishable under Sections 109(1), 118(1), 189(1), 190, 190(1), 329(1), 351(3), 352, 76 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; There is a long standing dispute in between complainant and accused No-1 regarding the drawing of water from the lake to the lands bearing Sy.No.196/1+2B and 196/2 situated at Dhavaleshwar village. In this regard, on 04.04.2025 at about 4.30 p.m when the - 3 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 complainant was in his land, the accused persons came there and an formed unlawful assembly, took quarrel with first informant by holding iron rod, sickle, rod of the cycle chain, wooden clubs, accused No.1 assaulted on the head of the complainant with rod and caused severe injuries, accused Nos.3 & 4 also pulled the saree of Sanyavva W/o Siddappa and outraged her modesty, accused No.2 assaulted the Sanyavva on her abdomen with legs and other accused persons assaulted Chandrashekhar Siddappa Jakati with cycle chain, rod and sickle. All the accused intentionally insulted the complainant, Sanyavva and Chandrashekhar in filthy language and made criminal intimidation to eliminate them. Hence, first informant lodged the complaint, which led to registration of the FIR and investigation. 4. Learned counsel for the petitioners vehemently contended that there is a civil dispute between the parties with regard to drawing of water from Dhavaleshwar lake. The petitioner is innocent, he has been falsely implicated - 4 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 in this case and there are no overt act alleged against him. The petitioner is ready to abide by the conditions to be imposed by this Court. With these grounds, counsel prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader opposes the bail petition contending that the petitioner is involved in this case, there is a prima facie case against him and if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offences, the petitioner is not entitled for bail. Hence, prayed for rejection of petition. 6. Perused the material available on record. 7. There was a dispute between complainant and accused with regard to drawing of water. In this regard, accused picked up quarrel with the first informant and his family members. Accused No.1 assaulted the first informant by holding iron rod and caused severe injuries, - 5 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 accused Nos.3 & 4 also pulled the saree of Sanyavva W/o Siddappa and outraged her modesty, accused No.2 assaulted Sanyavva on her abdomen with legs and other accused persons assaulted Chandrashekhar Siddappa Jakati with cycle chain, rod and sickle. All the accused intentionally insulted the complainant, Sanyavva and Chandrashekhar in filthy language and made criminal intimidation to eliminate them. 8. As per the wound certificate furnished by learned High Court Government Pleader, the injured Sanyavva Siddappa Jakati sustained injuries on her face and it is simple in nature. As per the would certificate of Basavaraj Sadashiv Jakati, he sustained deep cut lacerated wound on left side forehead and fracture seen on frontal bone measuring 6 c.m x 5 c.m bone depth and injuries sustained by Basavaraj is grievous in nature. Further, as per the wound certificate of Chandrashekhar S.Jakati, he sustained injury on right side of skull superficial and the said injury is simple in nature. It shows - 6 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 that all the injured are out of danger. Admittedly, the alleged offences are not punishable with death or imprisonment for life. 9. It is well established principle of law that while considering the bail petition, the Court has to consider the nature of offence, circumstances in which the offence is committed, position and status of the petitioner, likelihood he fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Keeping these factors in mind and also accused Nos.5 to 11 were enlarged on bail by the trial Court and on careful perusal of the entire material available on record, this Court is of the opinion that the petitioner is entitled to grant of bail. Accordingly, the Court pass the following: ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioner (accused No.1) is ordered to be enlarged on bail in Mahalingapur P.S Crime No.0021/2025, - 7 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 pending on the file of Senior Civil Judge and JMFC., Banahatti, on he executing personal bond in a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses either directly or indirectly; ii) The petitioner shall mark his attendance before the I.O/S.H.O on first Sunday of every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or till filing of the final report, whichever is earlier and shall cooperate with Investigating Officer; iii) The petitioner shall appear before the Court regularly without fail; iv) The petitioners shall not involve themselves in similar offences. - 8 - HC-KAR NC: 2025:KHC-D:7607 CRL.P No. 102066 of 2025 v) Violation of any of the conditions would entitle for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 65