- 1 - HC-KAR NC: 2025:KHC-D:11243 CRL.P No. 103292 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103292 OF 2025 (439(2)(Cr.PC)/483(3)(BNSS) BETWEEN: 1. SHUBHAM S/O APPASO PATIL, AGE: 20 YEARS, OCC: STUDENT R/O PANDEGAON, TQ. ATHANI, DIST.BELAGAVI 591212. 2. APPASO S/O BABASO PATIL, AGE: 47 YEARS, OCC: AGRICULTURE, R/O PANDEGAON, TQ. ATHANI, DIST.BELAGAVI 591212. …PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESEBTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD, THROUGH ATHANI PS, DIST. BELAGAVI-591304. 2. SUBRAO S/O BABASAB PATIL, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11243 CRL.P No. 103292 of 2025 AGE: 55 YEARS, OCC: AGRICULTURE, R/O PANDEGAON, TQ. ATHANI, DIST.BELAGAVI-591212. AS PER FIR (BALASO BABASAB PATIL) 3. ANAND S/O SUBARAO PATIL, AGE: 19 YEARS, OCC: STUDENT, R/O PANDEGAON, TQ. ATHANI, DIST.BELAGAVI-591212. 4. SMT CHAYA W/O SUBRAO PATIL, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O PANDEGAON, TQ. ATHANI, DIST.BELAGAVI-591212. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 439 (2) OF CR.P.C., 1963 (483 (3) OF BNSS), SEEKING TO SET ASIDE THE ORDER DATED 25.03.2025 PASSED IN CRL. MISC NO. 10038/2025 (ATHANI PS CRIME NO. 0086/2025) PASSED BY THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI TO SIT AT ATHANI GRANTING ANTICIPATORY BAIL TO THE RESPONDENTS NOS. 2 TO 4 (ACCUSED NOS. 1, 2 AND 4) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 115(1), 3(5), 351(2) AND 352 OF THE BHARATIYA NYAYA SANHITA, 2023, BY ALLOWING THE PRESENT PETITION AND DIRECT THE RESPONDENT NO. 1 TO ARREST THE RESPONDENT NOS. 2 TO 4 (ACCUSED NOS. 1, 2 AND 4). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:11243 CRL.P No. 103292 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court in this petition filed under Section 483(3) of the BNSS, 2023, with a prayer to cancel the anticipatory bail granted to the accused- respondent nos.2 to 4 in CRl.Misc.No.10038 of 2025, by the Court of XI Additional District and Sessions Judge, Belagavi, sitting at Athani. 2. Heard the learned counsel for the petitioners and learned HCGP for respondent no.1. 3. The learned counsel for the petitioners submits that after the anticipatory bail was granted to respondents No.2 to 4, they have threatened the petitioners herein who are the first informant and the victims in Crime No.86 of 2025 and therefore, a police complaint was filed and based on the same, NCR case has been registered against them. - 4 - HC-KAR NC: 2025:KHC-D:11243 CRL.P No. 103292 of 2025 4. The petitioners before approaching this Court have not approached the Court of jurisdictional Sessions Judge and have not brought to the notice of the said Court about the subsequent conduct of the accused after they were granted anticipatory bail in Crime No.86 of 2025 registered by Athani Police Station, Belagavi. Therefore, this petition is dismissed with liberty to the petitioners to file a fresh petition before the learned Sessions Judge seeking cancellation of bail having regard to the supervening circumstances and in the event such a petition is filed, the learned Sessions Judge shall consider the same and dispose of the said petition expeditiously. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:GSM List No.: 1 Sl No.: 4