- 1 - HC-KAR NC: 2025:KHC-D:10070 CRL.P No. 103004 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103004 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. KENCHANAYAKARA RAMAPPA S/O LATE JALAPPA, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. KOGALI VILLAGE, KOTTUR, DIST. VIJAYANAGAR. 2. KENCHANAYAKARA PRASHANTHA S/O RAMAPPA, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. KOGALI VILLAGE, KOTTUR, DIST. VIJAYANAGAR. 3. KENCHANAYAKARA MARUTHI S/O RAMAPPA, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. KOGALI VILLAGE, KOTTUR, DIST. VIJAYANAGAR. … PETITIONERS (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH ITTIGI POLICE STATION, DIST. VIJAYANAGAR-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS 1 TO 3/ACCUSED NO.1 TO 3 IN CRIME NO.55/2025 OF ITTIGI POLICE STATION ON THE FILE OF CIVIL JUDGE AND JMFC COURT, HAGARI BOMMANAHALLI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 118(1), 109, 352, 351(3) READ WITH 3(5) OF BNS, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10070 CRL.P No. 103004 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 in Crime No.55/2025 registered by Ittigi Police Station, Vijayanagara for the offences punishable under Sections 118(1), 109, 352, 351(3) r/w 3(5) of BNS, 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.55/2025 was registered by Ittigi Police Station, Vijayanagara for the aforesaid offences against the petitioners herein based on the first information dated 16.06.2025 received from Shanmukhappa who is one of the main victims in the present case. During the course of investigation of the case, petitioners herein were arrested on 17.06.2025, and subsequently, remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC-D:10070 CRL.P No. 103004 of 2025 Criminal Miscellaneous P.No.5408/2025 was rejected on 21.07.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that there was a dispute between the parties with regard to certain monetary transactions. It is in this background, on 16.06.2025, the alleged incident had taken place in which petitioners had assaulted the first informant and others after abusing them. Accused No.1 is the father of accused Nos.2 and 3. The first informant is the brother of the other injured victims in the present case. In the alleged incident that had taken place, the first informant and his brother K. Basavaraj have only suffered simple injuries. K. Sangappa who is the other brother of the first informant had suffered three injuries and out of the same, one injury is said to be grievous injury and the other two injuries are simple injuries. K. Sangappa who was admitted to hospital has been already discharged from the hospital and his condition is said to be stable. Petitioners who have no criminal antecedents are in - 4 - HC-KAR NC: 2025:KHC-D:10070 CRL.P No. 103004 of 2025 custody for the last more than two months. Major portion of the investigation is completed and weapon used for the purpose of assaulting the injured has been already recovered. Under these circumstances, the prayer made by the petitioners in the application for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioners are directed to be enlarged on bail in Crime No.55/2025 registered by Ittigi Police Station, Vijayanagara for the offences punishable under Sections 118(1), 109, 352, 351(3) r/w 3(5) of BNS, 2023, subject to the following conditions: a. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:10070 CRL.P No. 103004 of 2025 b. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE Vmb/CT:BCK LIST NO.: 1 SL NO.: 10