- 1 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101603 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. RAJU KRISHNA AMIGA @ HARIKANTRA, AGE: 30 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 2. BABU KRISHNA AMBIGA @ HARIKANTRA, AGE: 47 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 3. YASWANTH KRISHNA AMBIGA @ HARIKANTRA, AGE: 49 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 4. ARUN KRISHNA AMBIGA @ HARIKANTRA, AGE: 29 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 5. KAMESHWARA KRISHNA AMBIGA @ HARIKANTRA, AGE: 40 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 6. NAGESH KRISHNA AMBIGA @ HARIKANTRA, AGE: 39 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 DIST. UTTARA KANNADA. 7. SMT. DEEPA BABU AMIGA @ HARIKANTRA, AGE: 35 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. 8. LAXMI KRISHNA AMBIGA @ HARIKANTRA, AGE: 65 YEARS, OCC. FISHERMAN, R/O. AGHANASINI, KUMTA, DIST. UTTARA KANNADA. …PETITIONERS (BY SRI. BUSHRA S. WAREMANI, ADVOCATE FOR SRI ANOOP G. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KUMTA P.S., DIST. UTTARA KANNADA, R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-560001. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO.1 TO 8 IN THE EVENT OF THEIR ARREST IN CRIME NO.0049/2025 OF KUMTA POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 118(2), 3(5), 351(2) AND 352 OF BNS ACT, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Petitioners have approached this Court under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023 with the following prayer: “To the Petitioners/Accused No.1 to 8 in the event of their arrest in Crime No.0049/2025 of Kumta Police Station registered for the offences punishable under Sections 115(2), 118(1), 118(2), 3(5), 351(2) and 352 of BNS Act, 2023.” 2. Facts in the nutshell which are utmost necessary for disposal of the petition are as under: Based on the complaint lodged by Venkatesh s/o. Ganapati Lakkumane, Kumta Police registered a case in Crime No.49/2025 on 12.03.2025 for the offences punishable under Sections 115(2), 118(1), 118(2), 3(5), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’, for short). - 4 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 3. Gist of the complaint averments would reveal that the petitioners said to have dumped soil near the barge on the riverbed of Aghanashini river whereby the complainant and others could not operate the barge properly and when the same was questioned by the complainant to the petitioners, petitioners said to have assaulted the complainant causing blood injuries and also caused feest injuries whereby he lost his tooth. The Police after registering the case are investigating the matter. 4. In respect of the same incident, one of the accused viz., Babu who is the second petitioner in this petition had already lodged a complaint on 10.03.2025 against the son of the complainant in the present case which was registered in Crime No.46/2025 for the offences punishable under Sections 115(2), 118(1), 351(2), 352, and 74 of BNS. In other words, in respect of one and the same incident, there is a complaint and counter complaint. 5. Taking note of the nature of allegations, if the petitioners are directed to join the investigation and - 5 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 undergo a limited period of custodial interrogation, ends of justice would be met. Further, Investigation Officer is also bound to investigate the matter as per the principles of law enunciated in Full Court judgment in the case of state of Karnataka by Circle Inspector of Police vs. Hosakeri Nagappa1 and file appropriate final report. 6. Accordingly, without expressing further opinion on the merits of the matter, following order is passed. ORDER (i) The criminal petition is allowed. (ii) Petitioners are directed to join the investigation by appearing before the Investigating Officer on 29.04.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioners to custody and complete 6.00 p.m. and enlarge them on bail, by taking a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one 1 ILR 2012 KAR 509 - 6 - NC: 2025:KHC-D:6634 CRL.P No. 101603 of 2025 surety for the likesum to the satisfaction of the Investigating Officer. (iv) The petitioners shall co-operate with the Investigating Agency and in that regard, they shall mark their attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm., till the final report is filed. (v) Petitioners shall not tamper the prosecution witnesses in any manner. (vi) Petitioners shall attend the Court regularly. (vii) Petitioners shall not leave the jurisdiction of * Uttarakannada District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 24 * corrected vide court Order dated 29.04.2025 Sd/- Judge