- 1 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102600 OF 2025 (439 OF Cr.PC/483 OF BNSS) C/W. CRIMINAL PETITION NO.102601 OF 2025 (438 OF Cr.PC/482 OF BNSS) IN CRL.P. NO.102600/2025: BETWEEN: 1. VENKAPPA S/O. KADAPPA MALALI AGE: 43 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF SHIROL, TALUK: MUDHOL, DISTRICT: BAGALKOTE - 587 313. 2. SADASHIV S/O. KADAPPA MUDDEPPAGOL AGE: 45 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF SHIROL, TALUK: MUDHOL, DISTRICT: BAGALKOTE - 587 313. …PETITIONERS (BY SRI SHIVANAND MALASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MUDHOL POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD - 580 007. …RESPONDENT (BY SMT. KIRTILATA PATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C., PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL AND ENLARGE THE PETITIONERS/ACCUSED NOS.4 AND 6 IN MUDHOL P. S. CRIME NO.154 OF 2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2), Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 118(1), 118(2), 109(1), 76, 49, 352 AND 351(2) READ WITH SECTION 190 OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE (SITTING AT MUDHOL) AND SET ASIDE THE ORDER PASSED IN CRL. MISC. NO.10010/2025 DATED 23/06/2025, BY ALLOWING THIS PETITION IN SO FAR AS ACCUSED NO.4 AND 6/PETITIONERS IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.102601/2025: BETWEEN: MUREPPA S/O. SIDDAPPA LAYANNAVAR AGE: 41 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF SHIROL, TALUK: MUDHOL, DISTRICT: BAGALKOTE - 587 103. …PETITIONER (BY SRI SHIVANAND MALASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MUDHOL POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD - 580 011. …RESPONDENT (BY SMT. KIRTILATA PATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C., PRAYING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL AND ENLARGE THE PETITIONER/ACCUSED NO.2 IN MUDHOL P. S. CRIME NO.154 OF 2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 126(2), 118(1), 118(2), 109(1), 76, 49, 352 AND 351(2) READ WITH SECTION 190 OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE, (SITTING AT MUDHOL) AND SET ASIDE THE ORDER PASSED IN CRL. MISC. NO.10011/2025 DATED 23/06/2025, BY ALLOWING THIS PETITION IN SO FAR AS PETITIONER/ACCUSED NO.2 IN THE INTEREST OF JUSTICE AND EQUITY. THESE CRIMINAL PETITIONS ARE COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Criminal Petition No.102600 of 2025 is filed by accused Nos.4 and 6 for grant of regular bail, whereas Criminal Petition No.102601 of 2025 is filed by accused No.2 for grant of anticipatory bail, in connection with Crime No.154 of 2025 of Mudhol Police Station, Bagalkote, for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 118(1), 118(2), 109(1), 76, 49, 352 and 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023. 2. The brief facts of the prosecution case are that, the family of the de facto complainant and the accused persons are relatives and there is rivalry between both the parties in respect of a pathway. On 03.06.2025, when the de facto complainant and his son were proceeding to attend some religious ceremony, at that time, the petitioners and other accused formed unlawful assembly by holding deadly weapons like chilli powder, crow-bar, - 4 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 axe, stone, chain and clubs, thereby committed rioting, wrongfully restrained the de facto complainant and his son from proceeding further, took quarrel with them, assaulted them with deadly weapons and thereby, caused severe injuries. They also intentionally insulted to provoke their breach of peace and made criminal intimidation to eliminate them. Hence, the de facto complainant lodged a complaint, which led to registration of First Information Report and investigation. 3. Heard Sri Shivanand Malashetti, learned counsel for the petitioners, and Smt. Kirtilata Patil, learned High Court Government Pleader for the respondent-State. 4. Learned counsel for the petitioners has contended that the petitioners are innocent of the alleged offences, they have not committed any offences. There are no criminal antecedents against them. There is civil dispute pending between the parties. Now, the de facto complainant and his son are discharged from the Hospital and they are leading normal life. The petitioners are the - 5 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 sole bread earners of their respective family and they are ready to abide by any conditions to be imposed by this Court. Hence, he prayed for granting bail. 5. Per contra, the learned High Court Government Pleader, by furnishing Case Diary file and Wound Certificate, etc., has contended that there is prima-facie material against the petitioners, they have attempted to commit murder of the de facto complainant and his son. If the petitioners are released on bail, they may threaten the de facto complainant and his son and hamper the trial. Hence, she prayed to reject the petitions. 6. On perusal of the material available on record, it appears that the petitioners and other accused persons attempted to commit murder of the de facto complainant and his son. The record further reveals that there is rivalry between the families of the de facto complainant and the accused persons. In that regard, on 03.06.2025, the accused persons attempted to commit murder of the de facto complainant and his son. The de facto complainant - 6 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 and his son were admitted to the Hospital and discharged after fifteen days. As per the Wound Certificate, there are four simple injuries and four grievous injuries, which show that the victims are out of danger. Admittedly, the alleged offences are not punishable either with death or imprisonment for life. Considering the nature of offences and circumstance of the case, more particularly, the allegations levelled against the petitioners, the Court is of the opinion that the petitioners are entitled for bail. Further, considering the fact that accused Nos.1, 3, 5 and 7 to 13 are already enlarged on bail by the III Additional District and Sessions Court, Bagalkote, Sitting at Mudhol, in Criminal Miscellaneous No.10011 of 2025, dated 3-6-2025, the petitioners/accused Nos.2, 4 and 6 are entitled for bail on the ground of parity also. Accordingly, the Court proceeds to pass the following O R D E R Criminal petitions are allowed. - 7 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 The petitioners/accused Nos.2, 4 and 6 are ordered to be enlarged on bail, in Crime No.154 of 2025 of Mudhol Police Station, Bagalkote, for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 118(1), 118(2), 109(1), 76, 49, 352 and 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: CRL.P.NO.102600/2025 : i) Petitioners-accused Nos.4 and 6 shall execute a personal bond in a sum of Rs.2,00,000/- each (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the trial Court; ii) Petitioners shall not threaten or tamper with the prosecution witnesses directly or indirectly; iii) Petitioners shall appear before the jurisdictional Court regularly, without fail, and iv) Petitioners shall not involve in similar offences in future. - 8 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 CRL.P.NO.102601/2025: (i) Petitioner-accused No.2 shall be released on anticipatory bail in the event of his arrest by the police on he executing a personal bond in a sum of Rs.2,00,000/- each (Rupees two lakh only) with two sureties for the like sum to the satisfaction of the trial Court; (ii) The petitioner-accused No.2 shall surrender before the I.O./S.H.O. of respondent Police within a period of 15 days from today shall be released on anticipatory bail. (iii) Petitioner-accused No.2 shall mark his attendance before Investigating Officer/ Station House Officer on the first Sunday of every month between 10.00 a.m. and 5.00 p.m. for a period of six months or till filing of charge-sheet, whichever is earlier; (iv) Petitioners shall appear before the jurisdictional Court regularly, without fail, and (v) Petitioners shall not involve in similar offences in future. - 9 - HC-KAR NC: 2025:KHC-D:9061 CRL.P No. 102600 of 2025 C/W. CRL.P No. 102601 of 2025 If any of the above conditions are violated, the prosecution is at liberty to move the Court for cancellation of bail. It is made clear that the above observations made herein are only for disposal of the present petitions Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 2