- 1 - NC: 2025:KHC-D:7143 CRL.P No. 101804 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101804 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: KALLAPPA S/O. BASAVARAJ SHIRAKOL AGED ABOUT 34 YEARS, R/O: NO. 60, SHRI SHAKTI, NILAY, BANI ONI, COIN ROAD, HUBBALLI, DHARWAD-580020. …PETITIONER (BY SRI. KULKARNI SHRINATH, ADVOCATE) AND: STATE OF KARNATAKA BY HUBBALLI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDING. DHARWAD 580020. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO DIRECT THE RESPONDENT/HUBBALLI TOWN POLICE, TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO. 24/2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 132, 292, 352 OF BNS, 2023, PENDING ON THE FILE OF THE JMFC 1ST COURT, HUBALI, HUBLI-DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.06 17:20:04 +0530 - 2 - NC: 2025:KHC-D:7143 CRL.P No. 101804 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned AGA accepts notice for respondent. Heard Sri Kulkarni Shrinath, learned counsel for petitioner and Sri Ramesh Chigari, learned AGA for respondent. 2. Petition is filed under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) for grant of anticipatory bail pertaining to Crime No.24/2025 of Hubballi Town Police Station. 3. It is alleged in the complaint that the complainant/respondent is a Police Constable in Town Police Station, Hubballi and on 19.02.2025 to mark the event of Shri Shivaji Maharaj Jayanti which was being celebrated in the jurisdiction, huge police force was deployed in the area for proper management of the law and order, and on the same day at about 9.00 p.m., the complainant received the credible information that, the - 3 - NC: 2025:KHC-D:7143 CRL.P No. 101804 of 2025 petitioner/accused had come near Bakale Galli Circle and had parked his car bearing No.KA-03/MQ-4355 in the middle of the road blocking movement of public vehicles and abusing the public and kicked the bikes parked on the side of the road and disturbed the public tranquility in the area and hence, upon such information the complainant rushed to the spot and chased the accused and stopped his car and when enquired about committing breach of public peace, the petitioner/accused abused the complainant in filthy language and pushed him physically and fled away by driving his car and thereafter, he lodged the complaint against the petitioner/accused. 4. On the basis of the complaint filed by the Police constable, Hubballi Town Police registered the case in Crime No.24/2025 against the petitioner-Kallappa Shirakol for the offences punishable under Sections 132, 292 and 352 of Bharatiya Nyaya Sanhita, 2023. 5. The alleged offences are not punishable with death or imprisonment for life and are exclusively triable - 4 - NC: 2025:KHC-D:7143 CRL.P No. 101804 of 2025 by the Magistrate. The case was registered on 19.02.2025. Till this date, the concerned police have not issued any notice under Section 35(3) of BNSS. Taking into consideration of the nature and gravity of the offences and previous antecedents of the petitioner, it is just and proper to release the accused on bail in the event of his arrest. Hence, I proceed to pass the following: ORDER Criminal Petition is allowed. Petitioner shall be released on bail in the event of his arrest in Crime No.24/2025 of Hubballi Town Police Station subject to following conditions: (i) Petitioner shall execute a self-bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner shall assist the Investigating Officer for investigation. - 5 - NC: 2025:KHC-D:7143 CRL.P No. 101804 of 2025 (iii) Petitioner shall make himself available for interrogation by police officer as and when required. (iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer. (v) Petitioner shall not commit similar offences. Sd/- (G BASAVARAJA) JUDGE NAA CT-CMU LIST NO.: 1 SL NO.: 2