- 1 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103186 OF 2025 (439(2)(Cr.PC)/483(3)(BNSS)) C/W CRIMINAL PETITION NO.103187 OF 2025 IN CRIMINAL PETITION NO.103186 OF 2025 BETWEEN: 1. SRI. RANNAKUMAR S/O. CHINTAMANI UPADHYE, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MAHISHWADAGI, TQ. ATHANI, DIST. BELAGAVI-591304. 2. DR. ANAND S/O. CHINTAMANI UPADHYE, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MAHISHWADAGI, TQ. ATHANI, DIST. BELAGAVI-591304. …PETITIONERS (BY SRI. SAJID A.GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH IO ATHANI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SRI. MALLAPPA S/O. KALLAPPA TELI, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 3. SRI. SIDDAPPA S/O. RAMAPPA TELI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. 4. SRI. KADU @ KADAPPA S/O. RAMAPPA @ RAMANNA TELI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. 5. SRI. SHRISHAIL S/O. RAMANNA @ MALLAPPA TELI, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. 6. SRI. NAGU @ NAGAPPA S/O. HANAMANT BIRDI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. GIRISH A.YADAWAD, ADVOCATE FOR R2 TO R6) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 (3) OF BNSS, PRAYING TO, SET ASIDE THE ORDER DATED 28.07.2025 PASSED IN CRIMINAL MISCELLANEOUS NO.10124/2025 PASSED BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI GRANTING ANTICIPATORY BAIL TO THE RESPONDENTS NO.2 TO 6/ACCUSED NO.1, 2, 4, 6 AND 7 IN CONNECTION WITH ATHANI P.S. CRIME NO.264/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 191(2), 189(2), 190, 137(2) 191(3), 352, 76, 351(2) OF THE BNS., 2023 BY ALLOWING THE PRESENT PETITION AND DIRECT THE 1ST RESPONDENT TO ARREST THE RESPONDENTS NO.2 TO 6/ACCUSED NO.1, 2, 4, 6 AND 7, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRIMINAL PETITION NO.103187 OF 2025 BETWEEN 1. SRI. RANNAKUMAR S/O. CHINTAMANI UPADHYE, AGE. 40 YEARS, OCC. AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 R/O. MAHISHWADAGI, TAL. ATHANI, DIST. BELAGAVI-591304. 2. DR. ANAND S/O. CHINTAMANI UPADHYE, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MAHISHWADAGI, TAL. ATHANI, DIST. BELAGAVI-591304. ...PETITIONERS (BY SRI. SAJID A.GOODWALA, ADVOCATE) AND 1. THE STATE OF KARNATAKA, THROUGH IO ATHANI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SRI. DHAREPPA S/O. MALLAPPA TELI, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. 3. SRI. SIDRAYAI S/O. RAMANNA @ TELI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. NANDESHWAR, TQ. ATHANI, DIST. BELAGAVI-591304. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. GIRISH A.YADAWAD, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 (3) OF BNSS, PRAYING TO, SET ASIDE THE ORDER DATED 30.07.2025 PASSED IN CRIMINAL MISCELLANEOUS NO.10129/2025 PASSED BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI GRANTING REGULAR BAIL TO THE RESPONDENTS NO.2 AND 3/ACCUSED NO.3 AND 5 IN CONNECTION WITH ATHANI P.S. CRIME NO.264/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 191(2), 189(2), 190, 137(2) 191(3), 352, 76, 351(2), 118(2), 109(1) OF THE BNS., 2023 BY ALLOWING THE PRESENT PETITION AND DIRECT THE 1ST RESPONDENT TO ARREST THE RESPONDENTS NO.2 AND 3/ACCUSED NO.3 AND 5 AND ETC.,. - 4 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED ON 15.10.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, COURT MADE THE FOLLOWING: CAV ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are the complainant and the victim in both the petitions. They have approached this Court to cancel the anticipatory bail granted to the respondents/ accused Nos.1 to 7 by the Trial Court in Crl.Misc. No.10124/2025 and Crl.Misc. No.10129/2025 arising out of Crime No.264/2025 for the offences punishable under Sections 115(2), 118(1), 191(2), 189(2), 190, 137(2), 191(3), 352, 76, 351(2) of the Bharatiya Nyaya Sanhita, 2023. Factual matrix of the case: 2. The case of the prosecution is that, the complainant filed a complaint on 10.07.2025 at about 8.10 p.m., stating that he is the permanent resident of the address stated in the complaint. His elder brother was running a school, namely, Padmavathi International School Zero Point. On 10.07.2025, at about 4.00 p.m., the accused Nos.1 to 7, - 5 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 who are the residents of Nandeshwar, in furtherance of common intention to commit the offence, trespassed the said school campus and started assaulting the mother of the complainant, namely, Shobha W/o Chintamani Upadhye and also they started assaulting the younger brother of the complainant, namely, Anand Chintamani Upadhye. Thereafter, the accused kidnapped the petitioner No.2 and assaulted him indiscriminately and caused injuries on various parts of his body with intention to commit the murder. 3. On basis of the said complaint, the respondent-police registered a case in Crime No.264/2025 against the respondents/accused Nos.1 to 7 for the offences stated supra. Immediately, after registration of the case, the respondents had approached the Trial Court seeking for anticipatory bail. The bail was grant to the respondents. The manner in which the bail was granted to the respondents, is challenged in this petition. 4. Heard Sri.Sajid A Goodwala, learned counsel for the petitioners, Sri.Jairam Siddi, learned High Court - 6 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 Government Pleader for the respondent No.1 – State and Sri.Girish A.Yadawad, learned counsel for respondents / accused Nos.1 to 7 in both the petitions. 5. It is the submission of the learned counsel for the petitioners that, the Trial Court while granting the bail to the respondents has not assigned the valid reason even though the said respondents had committed heinous offence against the petitioners. In fact, the victim No.2 is a woman. She had been beaten brutally and petitioner No.2 is the son of victim No.2 was kidnapped by the respondents and he was assaulted brutally with sharp edged weapon and caused grievous injuries. 6. It is further submitted that, the manner in which the assault had taken place would indicate the seriousness of the offence and also threat to the petitioners. Such being the fact, granting anticipatory bail without considering the Witness Protection Act, certainly, would cause imminent threat to the witnesses and also the injured. Therefore, the petitions may be allowed and the anticipatory bail may be cancelled. - 7 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 7. The learned HCGP for the respondent No.1 - State adopted the arguments of learned counsel for the petitioners and prays to allow the petitions. 8. Per contra, the learned counsel for the respondents / accused Nos.1 to 7 vehemently submitted that, once the bail is granted, the bail has to be cancelled upon the violation of the conditions imposed by the Court at the time of granting the bail. 9. It is further submitted that, the Trial Court after considering the nature of the offence, gravity thereof, impact on the society and also the nexus between the petitioners and the respondents, allowed the bail applications. Such being the fact, merely because, the petitioners happened to be the complainant and the victim approached this Court to cancel the bail that may not be a ground to cancel the anticipatory bail. Therefore, the petitions are deserved to be rejected. 10. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the petitioners are stated to - 8 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 be the complainant and the victim. The respondents are stated to be the former members of the Society. There are allegations made against the respondents stating that, they had been assaulted brutally by the respondents. It is further noticed that, the Trial Court granted anticipatory bail without considering the seriousness and gravity of the offences. It is needless to say that while granting the anticipatory bail, the Court has to see the impact on the society and also the protection and interest of the witnesses. 11. In this context, it is necessary to refer the judgment of the Hon’ble Supreme Court in the case of PRAKASH KADAM v. RAM PRASAD VISHWANATH GUPTA1, wherein the Hon’ble Supreme Court held that even without misuse, the bail can be cancelled for grave allegations when the lower Court ignored the materials. 12. In the present case, the learned counsel for the petitioners made available certain photographs of the injured which indicates the severity of the offence committed by the 1 (2011) 6 SCC 189 - 9 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 respondents. Under such circumstances, if anticipatory bail is confirmed, certainly, a wrong message would go to the Society at large. In fact, the respondents committed heinous crime against the petitioners. Therefore, in my considered view, the Trial Court has committed error in granting anticipatory bail to the respondents. 13. Hence, I proceed to pass the following: \ ORDER i) The Crl.P No.103186/2025 C/w Crl.P No.103187/2025 are hereby allowed. ii) The order dated 28.07.2025 in Crl.Misc. No.10124/2025 and the order dated 30.07.2025 in Crl.Misc. No.10129/2025 passed by the XI Additional District and Sessions Judge, Belagavi sitting at Athani, hereby set aside. iii) The anticipatory bail granted to the respondents/accused Nos.1 to 7, is hereby cancelled. - 10 - HC-KAR NC: 2025:KHC-D:14324 CRL.P No. 103186 of 2025 C/W CRL.P No. 103187 of 2025 iv) The liberty is reserved to the respondent police to take appropriate action in accordance with law. Sd/- (S.RACHAIAH) JUDGE UN/CT: UMD List No.: 2 Sl No.: 1