- 1 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101660 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. KRISHNAPPA KALAPPA LAMANI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHANNAPUR DLT, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 2. BHIMAPPA KRISHNAPPA LAMANI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: CHANNAPUR DLT, TQ: RAMADURG, DIST: BELAGAVI – 591 123. …PETITIONERS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: THE STATE OF KARNATAKA, (RAMADURG P.S.), R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. …RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023 SEEKING TO ISSUE A DIRECTION TO THE RAMADURG POLICE STATION, TO ENLARGE THE PRESENT PETITIONERS, WHO IS ARRAYED AS ACCUSED NOS.1 AND 4 ON BAIL IN THE EVENT OF THEIR ARREST BY THE RAMADURG POLICE IN CONNECTION WITH RAMADURG P.S. CRIME NO.36/2025, DATED 24.03.2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) R/W 190 OF BNS, TO MEET THE ENDS OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. This criminal petition is filed by accused Nos.1 and 4 under Section 438 of Cr.P.C (under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) challenging the order of the Sessions Court, whereby anticipatory bail was denied to accused Nos.1 to 4, though accused Nos.5 to 17 were granted anticipatory bail in FIR, registered as Crime No.36/2025 for offences under Sections 189(2), 191(3), 115(2), 118(1) and (2), 109, 126(2), 333, 74, 352, 351(2) r/w Section 190 of BNS, 2023. 2. Learned counsel for the petitioners submits that the FIR is a result of civil dispute, as a civil suit O.S.No.138/2024 is pending between the complainant and accused persons. He argues that FIR contains omnibus and general allegation on a group of 20 persons without attributing any specific overt-act of accused Nos.1 and 4. The petitioners are permanent residents, have no prior criminal antecedents and are willing to co-operate with the investigation and also undertake to furnish adequate - 3 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 security and surety for their enlargement on bail and would abide by any conditions imposed by this Court. 3. The learned HCGP opposes the petition, relying on the seriousness of allegation involving assault with deadly weapons including axe and tractor. 4. The defacto-complainant was permitted to prosecute the case along with SPP vide order of this Court dated 08.05.2025. The counsel contends that the nature of offences are grave as the accused along with others have physically attached the complainant and his father in a pre- planned manner, using weapons including an axe and tractor. The complainant fears for his life and liberty if the accused are granted bail and also the accused may influence or threaten witnesses particularly since the incident occurred in a public place. He argues that though a civil suit O.S.No.138/2024 is pending, the criminal acts are separate and distinct and bail should not be granted merely because a civil dispute exists. 5. On perusal of the material on record, what this Court observes is: - 4 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 i. The FIR alleges a group attack by 20 persons and while there are mention of an axe and tractor, and mentioning accused Nos.1 and 2 hit the complainant with axe on his head, no individual role is specifically assigned to accused persons. The only reference is to a collective assault, which is vague and generalized. ii. The axe is a deadly weapon. A blow to the head is presumed to be potentially fatal or at least severely injuries. If the complainant and his survived without life threatening injuries, it raises questions about the credibility or exaggeration of the complaint. The medical records show grievous injuries on head, face and vital parts of the body but no fracture/lacerates, it contradicts the FIR version. iii. The trial Court has granted anticipatory bail to accused Nos.5 to 17, there is no material distinctions made out in the prosecution records to show why accused Nos.1 and 4 should be treated differently. - 5 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 iv. The existence of a civil suit lends credence to the possibility of enimity and motivated false implication. v. Accused Nos.1 and 4 have no previous criminal record. vi. Law is well settled that criminal law should not be misused for settling personal scores. 6. The injuries alleged are not supported by any independent witness and thus anticipatory bail be considered in cases of such accusation. Though the defacto-complainant opposes the grant of anticipatory bail to the petitioners, this Court finds that FIR does not attribute any specific overt-act, and that they stand on similar footing which co-accused who have been granted bail. Considering the nature of allegations and absence of specific overt-act attributed to the petitioners, the Court is inclined to grant anticipatory bail to accused Nos.1 and 4. However, having regard to the seriousness of the offence and to ensure the integrity of the investigation, subject to the following strict conditions. Accordingly, it is ordered that in the event of arrest of the petitioners (accused Nos.1 and 4) in connection with Crime No.36/2025, they shall be released on - 6 - NC: 2025:KHC-D:7182 CRL.P No. 101660 of 2025 bail upon execution of a personal bond of Rs.50,000/- each with two sureties for the likesum to the satisfaction of the investigating officer subject to the following conditions: i. The petitioners shall appear before the investigating officer as and when required and shall further co-operate with the investigation. ii. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness, including complainant and his family, nor attempt to tamper with the evidence in any manner. iii. The petitioners shall report before the investigating officer on every Sunday between 10.00 a.m. to 12.00 p.m. till filing of charge sheet or 60 days whichever is earlier. iv. The petitioners shall not involve in similar or any other offence. v. The petitioners shall co-operate with the investigating officer in the investigation. _________Sd/-_________ JUSTICE K.S.HEMALEKHA AT CT-ASC List No.: 1 Sl No.: 11