- 1 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102475 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: ANUPKUMAR S. BIJAWAD, AGE: 41 YEARS, OCC: BUSINESS, R/AT: VEERAPUR ONI, HUBLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, BENDIGERI POLICE STATION, DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN BENDIGERI POLICE STATION CRIME NO.76/2025 TO ALLEGED OFFENCE PUNISHABLE UNDER SECTION 109, 118(1), 126(2) OF BHARATIYA NYAYA SANHITA (BNS), 2023, PENDING ON THE FILE OF 3RD JMFC, AT: HUBBALLI, BY IMPOSING CONDITIONS IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR FURTHER ARGUMENTS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Gouri Shankar Mot., learned counsel for the petitioner and Shri Jairam Siddi., learned High Court Government Pleader for respondent – State. 2. The petitioner-accused No.1 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023], praying to grant anticipatory bail in Crime No.76/2025 of respondent/Police for the offences punishable under Sections 109, 118(1), 126(2) read with Section 3(5) of Bharatiya Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case is as under; On 13.06.2025 at about 12:30 A.M., when the first informant was in her home, her husband called his son Rohit and informed that he was assaulted by accused Nos.1 and 2 with a Talwar near Veerapur Oni, water tank - 3 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 in connection with monetary transaction. Hence, the first informant lodged a complaint, which led to registration of the FIR and initiation of investigation. Apprehending his arrest at the hands of respondent – Police, the petitioner has filed this petition. 4. Learned counsel for the petitioner contended that the petitioner is law abiding citizen; the alleged offences are not punishable with death or imprisonment for life; the accused has been falsely implicated in the case; there was a monetary transaction between the injured and accused No.1; the victim has been discharged from the hospital and there is no danger to his life. The petitioner is ready to abide by any conditions imposed by this Court. Hence, he prays for allowing the present petition. 5. Learned High Court Government Pleader for respondent – State contended that the petitioner is involved in a heinous offence punishable under Section - 4 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 109 of BNS, 2023; he assaulted the victim with Talwar on his head, which is a vital part of human body; hence there are prima-facie material against the petitioner; if he is granted anticipatory bail, there is a likelihood of he tampering the prosecution witnesses and also hampering the trial. On these grounds, he prays to dismiss the petition. 6. Perused the material available on record. 7. Upon perusal of the material available on record, it appears that there was a monetary transaction between petitioner-accused No.1 and the victim. As per the contents of complaint, it appears that accused No.1 called the victim near Veerapur Oni, water tank to pay the amount borrowed by him. In this contest, there was a scuffle between duo and hence, accused Nos.1 and 2 assaulted him and caused injuries. As per the contents of complaint, the first informant stated that accused No.1 voluntarily caused hurt with a Talwar on the head of the - 5 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 victim, whereas, in the seizure Mahazar, the Investigating Officer seized a rod and bricks. As per the wound certificate, the injured has sustained simple injury. Soon after the incident, the victim was admitted to the KIMS, Hospital, Hubballi on 13.06.2025 and on the same day, he was discharged from the hospital. It indicates that there is no danger or threat to the life of victim. 8. From perusal of the wound certificate, it appears that the ingredients of Section 307 of IPC/109 of BNS, 2023 would not be attracted. Moreover, the alleged offences are not punishable with death or imprisonment for life and the fact that the victim was discharged from the hospital on the date of incident itself. 9. Considering the nature of offences and circumstances of the case, more particularly there is a monetary transaction between the petitioner and injured, the Court is of the opinion that the petitioner is entitled to - 6 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 be released on bail, subject to certain conditions. Hence, the following: ORDER The petition is allowed. The petitioner-accused No.1 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent - Police, in Crime No.76/2025 registered for the offences punishable under Sections 109, 118(1), 126(2) read with Section 3(5) of BNS, 2023, on his execution of personal bond for a sum of Rs.1,00,000/- with a surety for like sum to the satisfaction of S.H.O/I.O of respondent-Police, subject to following conditions: i) The petitioner shall surrender himself before the Investigating Officer/SHO within a period of 15 days from the date of this order; ii) He shall co-operate with the Investigating Officer until completion of investigation and shall not involve himself in similar or any other offences; - 7 - HC-KAR NC: 2025:KHC-D:8699 CRL.P No. 102475 of 2025 iii) He shall not tamper with the prosecution witnesses and shall attend jurisdictional Court regularly; iv) He shall mark his attendance in the respondent - Police Station i.e., SHO/IO on the 1st Sunday of every month between 10:00 a.m. to 05:00 p.m., till six months from today or till filing of charge- sheet whichever is earlier. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 21