- 1 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 105271 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SADASHIV S/O GOVINDGOUDA KUCHANUR, AGE: 26 YEARS, OCC. COOLIE, R/O: SAI NAGAR, TQ. MUDHOL, DIST. BAGALKOT. 2. KIRAN S/O PRALHAD PALOJI, AGE: 29 YEARS, OCC. COOLIE, R/O: MUDHOL, TQ. MUDHOL, DIST. BAGALKOT. 3. ADARSH S/O RAMESH TELI, AGE: 26 YEARS, OCC. COOLIE, R/O: MUDHOL, TQ. MUDHOL, DIST. BAGALKOT. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 4. SHRIKANT S/O GANGAPPA BARAKI, AGE: 30 YEARS, OCC. COOLIE, R/O: ROGI, TQ. MUDHOL, DIST. BAGALKOT. &PETITIONERS (BY SRI. PRAVEEN HUCHARADDI, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH MAHALINGPUR POLICE STATION, BANAHATTI TALUKA, BAGALKOT DISRICT- 580011. &RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS 2023) SEEKING TO GRANT REGULAR BAIL TO THE PETITIONERS/ACCUSED NO 18 TO 21 IN CRIME NO.75/2025 OF (MAHALINGPUR POLICE STATION) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT BANAHATTI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 3 AND 4 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT 1984 AND UNDER SECTIONS 121(2), 121(1), 109, 132, 324(5), 189(2), 324(4), 191(3), 191(2), 190, 61(2) AND 326(g) OF BNS, 2023 IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 ORAL ORDER 1. The petitioners are arrayed as accused Nos. 18 to 21 respectively seeking for grant of regular bail in Crime No.75/2025 of respondent-police for the offences punishable under Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and under Sections 121(2), 121(1), 109, 132, 324(5), 189(2), 324(4), 191(3), 191(2), 190, 61(2) and 326(g) of Bharathiya Nyaya Sanhita, (for brevity, 9BNS9), 2023. Brief facts of the case: 2. The case of the prosecution is that a complaint came to be filed by the PSI (Law and Order) on 13.11.2025, stating that on 07.11.2025, the farmers, in and around Mudhol Taluk, Belagavi District, were on agitation seeking for revised price of sugarcane. There were around 700 farmers assembled in the cane yard at Godavari Sugar Factory and they were stated to have formed an unlawful assembly and caused injuries to the police and also - 4 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 obstructed the police official in discharging their official duty. Hence, a complaint came to be lodged against the petitioners. 3. Based on the complaint, the respondent police registered a case in Cr.No.75/2025 against the petitioners. After completion of investigation, the charge sheet was submitted for the aforesaid offences. 4. Heard Sri. Praveen Hucharaddi, learned counsel for the petitioners and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent -State. 5. It is the submission of learned counsel for the petitioners that the petitioners are the innocent of the alleged offences and they are the farmers. They have been falsely implicated in this case. As per the averments of the complaint and the FIR, it is stated that there were 17 members were named in the said FIR. However, the present petitioners have been falsely implicated in this case only in order to trouble them. Therefore, they may be enlarged on bail by imposing suitable - 5 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 conditions. Making such submissions, learned counsel prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent -State vehemently submitted that the petitioners being the members of an unlawful assembly, with an intention to deter the police officials in discharging their official duties, pelted stones and caused damage to the government vehicles. Further, the petitioners along with others, set fire to the tractors/trailers and six motor cycles and thereby, caused huge loss to the other farmers. Therefore, it is not appropriate to grant them bail. Making such submissions, learned HCGP prays to reject the petition. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears that the PSI (Law and Order) lodges a complaint stating that the farmers who are the petitioners herein being the members of an unlawful assembly were stated to have caused damage to the public property and also deterred the police officials and obstructed them in discharging their official duty. However, as per the complaint, there were 700 members were - 6 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 protesting in the said assembly. However, the FIR was lodged only against 17 farmers. Having considered the same, the petitioners are entitled for the bail by imposing suitable conditions which would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in Crime No.75/2025 of respondent-police for the aforesaid offences on executing personal bond in a sum of Rs.5,00,000/- each with one surety each for the likesum 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 appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:18680 CRL.P No. 105271 of 2025 In case, if the petitioners violate 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 JS/- List No.: 1 Sl No.: 27