- 1 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102325 OF 2025 (439 LOF Cr.PC/483 OF BNSS) BETWEEN: 1. BASAVARAJ S/O. GADIGEPPA METI, AGE: 28 YEARS, OCCUPATION: AGRICULTURE. 2. MANJUNATH S/O/ GADIGEPPA METI. AGE: 34 YEARS, OCCUPATION: AGRICULTURE, ALL ARE R/O. HALLUR VILLAGE, TALUK AND DISTRICT: BAGALKOT. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH BAGALKOT RURAL POLICE STATION-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONERS/ACCUSED 2 AND 4 BY GRANTING REGULAR BAIL IN BAGALKOT RURAL POLICE STATION CRIME NO.107/2025 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 74, 109(1), 352 AD 351(2) READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA (BNS) 2023, 1ST ADDL. CIVIL JUDGE (SR.DN) AND JMFC COURT BAGALKOTE DIST., IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER HEARING, 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:8768 CRL.P No. 102325 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Srinivas B. Naik, learned counsel for the petitioners and Smt. Kirtilata Patil, learned HCGP for the respondent – State. 2. The petitioners – accused Nos.2 and 4 have filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) seeking to enlarge them on bail in connection with Crime No.107/2025 of Bagalkot Rural Police Station for the offences punishable under Sections 115(2), 74, 109(1), 352 and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The brief facts of the prosecution case are as under: On 27.05.2025, the de facto complainant lodged a complaint alleging that the complainant and the accused - 3 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 persons are neighbours, and there had been frequent quarrels regarding the flow of water in front of the accused's house. On 26.05.2025, at approximately 06:00 a.m., when the complainant's father was sweeping in front of their house, accused Nos.1 to 3 picked up a quarrel with him, accusing him of dumping waste in front of their house. When the complainant’s mother intervened to pacify the quarrel, she was assaulted by the accused persons. 4. Later, on the same day, between 07:30 p.m. and 07:45 p.m., when the complainant went near the house of Manappa Pattar, accused Nos.2 and 4 approached and picked up a quarrel with him. With the intention of committing murder, accused No.2 assaulted the complainant with a knife on the right rib, and accused No.4 assaulted him with a club on the back and cheeks. The complainant sustained grievous injuries and was immediately admitted to the hospital for treatment. A complaint was lodged, leading to the registration of an FIR - 4 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 and subsequent investigation. During the investigation, the petitioners – accused Nos.2 and 4 were arrested and remanded to judicial custody. 5. Learned counsel for the petitioners contended that they are agriculturists by profession, and both the complainant and the accused are neighbours. The petitioners have been falsely implicated in this case. They are innocent and have not committed any offence. Furthermore, the alleged offences are not punishable by death or imprisonment for life. The petitioners are ready and willing to abide by the conditions imposed by this Court. Therefore, counsel for the petitioners prayed for the grant of bail. 6. Learned High Court Government Pleader contended that the petitioners are accused of committing a heinous offence punishable under Section 307 of IPC (Section 109(1) of the Bharatiya Nyaya Sanhita, 2023). The petitioners allegedly assaulted the complainant with a - 5 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 knife and a club, both of which are vital to the human body. Therefore, there is prima facie material to suggest the petitioners’ involvement in the crime. If they are granted bail, there is a risk of tampering with evidence and influencing witnesses, potentially hampering the trial. Thus, the learned High Court Government Pleader prayed to reject the petition. 7. Perused the materials available on record. It is evident that there was an ongoing dispute between the complainant and the accused concerning the disposal of waste. On the day of the incident (26.05.2025), the accused allegedly assaulted the complainant and his family. The complainant sustained injuries when accused Nos.2 and 4 attacked him with a knife and a club. The medical report reveals that the complainant was admitted to the hospital on 26.05.2025 and was discharged on 09.06.2025. According to the medical certificate, the complainant sustained both simple and grievous injuries. - 6 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 However, the complainant is no longer in danger and has been discharged from the hospital. 8. It is contended by the learned counsel for the petitioners that since the complainant is no longer in danger, Section 307 of the IPC (attempt to murder) should not be applicable. The injuries sustained by the complainant, though grievous, do not warrant a charge of attempted murder. 9. Considering the nature and gravity of the offences, the antecedents of the petitioners, and the fact that the victim has been discharged from the hospital and is out of danger, the Court finds that the petitioners may be entitled to bail. Accordingly, I proceed to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioners are ordered to be enlarged on bail on they executing a personal bond in a sum of Rs.2,00,000/- with two sureties for - 7 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 the like sum to the satisfaction of the jurisdictional Court. [iii] The petitioners shall mark their attendance on the first Sunday of every month between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier. [iv] The petitioners shall cooperate with the Investigating Officer until the completion of the investigation, [v] The petitioners shall not tamper the prosecution witnesses. [vi] The petitioners shall appear before the Court regularly. [vii] The petitioners shall not commit any offence during the pendency of the trial, including any offence similar to the one alleged. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. - 8 - HC-KAR NC: 2025:KHC-D:8768 CRL.P No. 102325 of 2025 NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 30