- 1 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 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.102048 OF 2025 (439 OF Cr.PC/483 BNSS) BETWEEN: 1. SHRI VITTAL KRISHNAPA LAMANI, AGE: 28 YEARS, OCC. AGRICULTURE, R/O. CHANNAPUR DLT, TQ. RAMDURG, DIST. BELAGAVI-591123. 2. SHRI TOPANNA KRISHNAPPA LAMANI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. CHANNAPUR DLT, TQ. RAMDURG, DIST. BELAGAVI-591123. …PETITIONERS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: THE STATE OF KARNATAKA, RAMDURG P. S, REP. STATE PUBLICE PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDD, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION, GRANT REGULAR BAIL IN CONNECTION WITH RAMADURG P.S. CRIME NO.36/2025, DATED 24.03.2025, FOR THE OFFENCES PUNISHABLE U/S.189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), R/W.190 OF BNS, IN SO FOR AS THE ACCUSED NO.2 AND 3 CONCERNED ONLY TO MEET THE ENDS OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERSTHIS 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:7608 CRL.P No. 102048 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent – State. 2. The petitioners/accused Nos.2 and 3 have filed this petition under Section 439 of Cr.P.C., [483 of Bharatiya Nagarik Suraksha Sanhita, 2023] to grant bail in connection with Ramdurg P.S. Crime No.36/2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) R/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; On 23.03.2025 at about 6:47 p.m., the first informant was proceeding towards his house after completion of his work in the land. At that time, some people attacked the first informant, and some people conspired to eliminate - 3 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 of 2025 the complainant, his family members and intentionally insulted them. Accused No.3 wrongfully restrained the first informant by holding the hand; accused Nos.1 and 2 assaulted the first informant with axe on the head and accused Nos.4, 6, 9, 8, 10, 11, 12, 13, 14, 16 also assaulted the first informant with their hands and legs. They also assaulted the brother of the first informant by name Vasappa Somappa Pujari, and as accused No.4 held his hands, accused Nos. 2, 3, 5, 8, 10, 12, 13, 14, and 16 assaulted him, and they attempted to commit murder by driving a tractor bearing No.KA.69/T-0066 on the first informant and his brother. Hence, the first informant lodged the complaint, which led to registration of the FIR and investigation. 4. Learned counsel for the petitioners contended that there is a civil dispute between the parties and the matter is pending before Civil Court in O.S.No.138/2024 between the family of complainant and accused persons. In the FIR, there is a general and omnibus allegation - 4 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 of 2025 against the accused persons without attributing any specific overt-act of accused Nos.2 and 3. The petitioners are permanent residents, have no prior criminal antecedents and are willing to co-operate with the investigation and also undertake to furnish adequate security and they would be abide by the conditions to be imposed by this Court. With these grounds, learned counsel prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader opposes the petition, relying on the seriousness of allegation and involvement of accused Nos.2 and 3, who cause injuries on the first informant and his brother. Accused persons have assaulted the first informant and his brother by using weapons including axe and tractor. Hence, prayed for rejection of the petition. 6. On perusal of the material available on record, it appears that the first informant made allegation against a group of 20 persons, who attacked on the first informant and his brother. As per the complaint, accused Nos.1 and - 5 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 of 2025 2 assaulted the first formant with axe on his head, no individual role has been attributed to the other accused persons. Thus, the only reference is to a collective assault, which is vague and generalized. The medical records show that the first informant and his brother had sustained injuries on the head, face and vital parts of the body, however no fracture/laceration were seen. The first informant and his brother is already been discharged from the Hospital. 7. Admittedly, the trial Court has granted anticipatory bail in favour of accused Nos.5 to 17. The Co- ordinate bench of this Court has also granted bail in favour of accused Nos.1 and 4 in Criminal Petition No.101660/2025. There is no material distinctions made out in the prosecution records to show why accused Nos.2 and 3 should be treated differently. Therefore, accused Nos.2 and 3 are also standing on the same footing as that of accused No.1 and 4. Further, the existence of a civil suit lends credence to the possibility of enmity and motivated - 6 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 of 2025 false implication. Accused Nos.2 and 3 have no previous criminal records. 8. The alleged offences are not punishable with death of imprisonment for life. Considering the nature of allegations and absence of specific overt-act attributed to the petitioners, the Court is inclined to grant bail to accused Nos.2 and 3 by imposing suitable conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 439 of Cr.P.C., is allowed. The petitioners (accused Nos.2 and 3) are ordered to be enlarged on bail in Crime No.36/2025 of Ramadurga Police Station, on they executing personal bond in a sum of Rs.2,00,000/- each with two sureties for the like sum to the satisfaction of jurisdictional Court, subject to the following conditions: i) The petitioners shall mark their attendance - 7 - HC-KAR NC: 2025:KHC-D:7608 CRL.P No. 102048 of 2025 before the I.O/S.H.O on first day 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; ii) The petitioners shall not tamper the prosecution witnesses; iii) The petitioners shall not involve themselves in similar or any other offences. iv) The petitioners shall cooperate with the Investigating Officer in the investigation; v) Violation of any of the conditions would entitle for cancellation of bail by the prosecution. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 64