- 1 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 IN THE HIGH COURT OF KARNATAKA,DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101824 OF 2025 C/W CRIMINAL PETITION NO. 101826 OF 2025 IN CRL.P NO.101824/2025 BETWEEN: 1. SANJU S/O. SHEKHAPPA DASNAYAKAR AGE. 20 YEARS, OCC. STUDENT R/AT. BANDIWAD HUBLI, DIST. DHARWAD 580020. 2. RANGAPPA S/O. HANAMAPPA DASNAYAKAR AGE. 59 YEARS, OCC. AGRICULTURE R/AT. BANDIWAD HUBLI, DIST. DHARWAD-580020. …PETITIONERS (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA HUBLI RURAL POLICE STATION, HUBBALLI REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS/ACCUSED NO 2 AND 3 ON BAIL IN THE EVENT OF THEIR ARREST TO ALLEGED OFFENCE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.07 13:20:29 +0530 - 2 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 PUNISHABLE UNDER SECTION 118(1), 118(2) 126(2) 352, 351(2), R/W. 3(5) OF BNSS 2023 IN HUBBALLI RURAL POLICE STATION CRIME NO 94/2025 PENDING ON THE FILE OF 2ND JMFC AT HUBBALLI BY IMPOSING CONDITIONS IN THE ENDS OF JUSTICE AND EQUITY. IN CRL.P NO.101826/2025 BETWEEN: HANAMAPPA S/O. DASAPPA DASNAYAKAR AGE. 39 YEARS, OCC. AGRICULTURE R/T. BANDIWAD HUBLI DIST. DHARWAD 580020. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA HUBLI RURAL POLICE STATION HUBBALLI REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHRWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL AS ATTACHED IN HUBLI RURAL POLICE STATION CRIME NO 94/2025 PENDING ON THE FILE OF 2ND JMFC COURT AT HUBBALLI FOR THE OFFENCE PUNISHALBE UNDER SECTION 118(1), 118(2), 126(2), 352, 351(2), R/W. 3(5) OF BNSS 2023, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned AGA accepts notice for the respondent/State in both the petitions. 2. Criminal Petition No.101824/2025 is filed by accused Nos.2 and 3 under Section 438 of the Code of Criminal Procedure/Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023, for grant of anticipatory bail pertaining to Crime No.94/2025 of Rural Police Station, Hubballi. 3. Criminal Petition No.101826/2025 is filed by accused No.4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail as he is in judicial custody in Crime No.94/2025 pending on the file of the learned II JMFC, Hubballi. 4. I have heard the arguments on both sides. 5. I have perused the records. - 4 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 6. On the basis of the complaint filed by Smt.Renuka Tippakkanavar, the Rural Police, Hubballi, have registered a case in Crime No.94/2025 against accused Nos.1 to 4 i.e., Satish Shekhappa Dasnaikar/accused No.1, Sanjeev Shekhappa Dasnaikar/accused No.2, Rangappa Hanamappa Dasnaikar/accused No.3 and Hanamappa Dasappa Dasanaikar/accused No.4 for the commission of the offences punishable under Sections 118(1) and (2), 126(2), 352, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. Column No.10 of the FIR reads as under: “¢£ÁAPÀ: 30/03/2025 gÀAzÀÄ ªÀÄÄAeÁ£É 10-45 UÀAmÉUÉ, §ArªÁqÀ UÁæªÀÄzÀ ºÀ¢ÝAiÀÄ, §ArªÁqÀ ªÀÄAlÆgÀ gÀ¸ÉÛAiÀÄ ªÉÄïÉ, D¹Û ¸ÀA§AzsÀ ¹nÖ¤AzÀ C¥Á¢vÀ C.£ÀA.1 jAzÀ 4 £ÉÃzÀªÀgÀÄ PÀÆrPÉÆAqÀÄ, ¦AiÀiÁð¢AiÀÄ ªÀÄUÀ£ÁzÀ azÁ£ÀAzÀ §¸À¥Àà w¥ÀàPÀÌ£ÀªÀgÀ ¸Á. §ArªÁqÀ EªÀ¤UÉ J°èAiÀÄÆ ºÉÆÃUÀzÀAvÉ DqÀØUÀnÖ vÀgÀÄ©, CªÁZÀå ¨ÉÊzÁr, C¥Á¢vÀ-1 £ÉÃzÀªÀ£ÀÄ §rUɬÄAzÀ ¦AiÀiÁð¢AiÀÄ ªÀÄUÀ¤UÉ ¨sÁj UÁAiÀÄ¥Àr¸ÀĪÀ GzÉÝñÀ¢AzÀ, §rUɬÄAzÀ vÀ¯ÉUÉ ºÉÆqÉzÀÄ, ¨sÁj UÁAiÀÄ¥Àr¹, D¥Á¢vÀ C.£ÀA.1 jAzÀ 4 £ÉÃzÀªÀgÉ®ègÀÆ ¦AiÀiÁð¢UÉ fêÀzÀ ¨ÉzÀjPÉ ºÁQzÀ C¥ÀgÁzsÀ.” 7. The main allegation is against accused No.1 that, he has assaulted the son of the complainant with club and caused grievous hurt to him. These petitions are filed by accused Nos.2 to 4. The offences alleged against the petitioners are not punishable with death or imprisonment - 5 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 for life and are exclusively triable by the learned Magistrate. 8. It is submitted that there is delay of 6 days in filing the complaint and there is a counter case filed against the complainant and the victim herein in Crime No.100/2025 of Rural Police Station, Hubballi, in which the police have not arrested them. 9. Taking into consideration the nature and gravity of the offences, the accusation against accused Nos.2 to 4 and delay in filing the complaint, I am of the considered opinion that it is just and proper to release accused Nos.2 and 3 on anticipatory bail and accused No.4 on regular bail subject to conditions. 10. Accordingly, I proceed to pass the following: ORDER Criminal Petition No.101826/2025 is allowed. The petitioner/accused No.4 shall be released on bail in Crime - 6 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 No.94/2025 of Rural Police Station, Hubballi, subject to following conditions: (i) The petitioner/accused No.4 shall execute a self-bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the learned II JMFC, Hubballi. (ii) The petitioner/accused No.4 shall assist the Investigating Officer in the investigation. (iii) The petitioner/accused No.4 shall make himself available for interrogation by police officer as and when required. (iv) The petitioner/accused No.4 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer. (v) The petitioner/accused No.4 shall not tamper the prosecution evidence or - 7 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 threaten the prosecution witnesses in any manner. Criminal Petition No.101824/2025 is allowed. The petitioners/accused Nos.2 and 3 shall be released on bail in the event of their arrest in Crime No.94/2025 of Rural Police Station, Hubballi, subject to following conditions: i) The petitioners/accused No.2 and 3 shall execute a self-bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the Investigating officer. ii) The petitioners/accused No.2 and 3 shall assist the Investigating Officer in the investigation. iii) The petitioners/accused Nos.2 and 3 shall make themselves available for interrogation by the Police Officer as and when required. iv) The petitioners/accused Nos.2 and 3 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him - 8 - NC: 2025:KHC-D:7149 CRL.P No. 101824 of 2025 C/W CRL.P No. 101826 of 2025 from disclosing such fact to the Court or to any police officer. v) The petitioners/accused No.2 and 3 shall not tamper the prosecution evidence or threaten the prosecution witnesses in any manner. Sd/- (G BASAVARAJA) JUDGE kmv Ct-cmu