- 1 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101548 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: 1. SRI HANUMANT S/O GANGAPPA MACHALAGUDDA AGE: 18 YEARS, OCC: STUDENT, 2. SMT. LAKSHAMAVVA W/O GANGAPPA MACHALAGUDDDA AGE: 40 YEARS, OCC. HOUSEHOLD WORK, 3. SRI GANGAPPA S/O HANUMANT MACHALAGUDDA AGE: 63 YEARS, OCC: STUDENT, ALL ARE R/O VAJJARAMATTI VILLAGE TQ. MUDHOL, DIST. BAGALKOT-587313. …PETITIONERS (BY SRI B.C.JNANAYYA SWAMI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MUDHOL POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.1 TO 3 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.25/2025 REGISTERED BEFORE MUDHOL POLICE STATION FOR THE OFFENCES U/S 189(2), 191(2), 191(3), 115(2), 126(2), 118(1), 118(2), 109(1), 352, 351(2), 190 OF BNS 2023 BEFORE, BEFORE ADDL. CIVIL JUDGE (SR. DN.) AND Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 CJM COURT, MUDHOL PENDING INVESTIGATION AND TRIAL OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.B.C.Jnanayya Swamy, learned counsel for the petitioners and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent- State. 2. Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) with following prayer: “The petitioner/Accused No.1 to 3 most humbly prays that this Honble court be pleased to allow this petition and enlarge the Petitioners/Accused No.1 to 3 on Anticipatory bail in the event of his arrest in Cr.no.25/2025 registered before Mudhol police station for the offences U/S 189(2), 191(2), 191(3), 115(2), 126(2), 118(1), 118(2), 109(1), 352, 351(2), 190 of BNS 2023 before, before addl. civil judge (Sr.Dn.) and CJM court, Mudhol pending Investigation and Trial of the case, in the interest of justice.” - 3 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 3. Upon the complaint lodged by Hanumant Urf Hanamappa Ramappa Koujalagi, Mudhol Police registered case in Crime No.25/2025 on 22.01.2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 126(2), 118(1), 118(2), 109(1), 352, 351(2), 190 of the Bharatiya Nyaya Sanhita (for short, ‘the BNS’). 4. In respect of the very same incident, one of the accused had also lodged a complaint in which the accused persons have been granted bail by the learned Sessions Judge. 5. The petitioners herein contended that in respect of the unfortunate incident, where a trivial incident has been blown out of proportion where in the allegations against the petitioners herein is that they took stones and assaulted on the complainant group resulting in injuries. 6. Further, petitioners are not available to the investigation agency and accordingly, petitioners sought for grant of anticipatory bail. - 4 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 7. Bail grounds are opposed by learned High Court Government Pleader for respondent-State. 8. Having heard the arguments of both sides, this Court noted the fact that in respect of the same incident countercase has been registered by the accused/petitioners party herein, wherein the accused are the complainant and his followers. They have been enlarged on bail by the Sessions Court. 9. Taking note of the same, same investigation officer has to conduct the investigation as per the principles of law enunciated in the case of State of Karnataka, by Circle Inspect of Police Vs. Hosakeri Ningappa and Another1, this Court is of the considered opinion that if the petitioners are directed to join the investigation and undergo limited period of custodial interrogation ends of justice would be met. 10. Accordingly, the following order is passed. 1 ILR 2012 KAR 509 - 5 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 ORDER i. The criminal petition is allowed. ii. Petitioners are directed to join the investigation by appearing before the investigation officer on 08.05.2025 at 10.00 a.m. iii. The Investigating Officer is at liberty to take the petitioners to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. Thereafter, the petitioners be enlarged on bail, by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) each with one sureties for the likesum. iv. The petitioners shall co-operate with the Investigating Agency in all aspects. Petitioners shall attend the Court regularly. v. Petitioners shall mark their attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed. vi. Petitioners shall not directly or indirectly tamper the prosecution evidence in any manner. - 6 - NC: 2025:KHC-D:6973 CRL.P No. 101548 of 2025 vii. Petitioners shall not leave the jurisdiction of Bagalkot District without prior permission. viii. Investigation officer is directed to strictly adhere to the guidelines issued in the full bench judgment in Hosakeri Ningappa’s case. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC List No.: 1 Sl No.: 24