- 1 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102505 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. GANGAPPA S/O RAMAPPA MAULLUR, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, 2. RAMAPPA S/O GANGAPPA UDAPUDI, AGE ABOUT 48 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: CHIKKALGUNDI, TQ: BILAGI, DIST: BAGALKOT-587 116. … PETITIONERS (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: STATE OF KARNATAKA, BY POLICE INSPECTOR, BILAGI-587 116, P. S., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT THE BAIL TO THE PETITIONERS/ACCUSED NO.1 AND 2 IN CONNECTION WITH THE CRIME NO.80/2025 OF THE BILAGI POLICE STATION FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 118, 109, 352, 351(3), 3(5) OF THE BHARATIYA NYAYA SANHITA, PENDING ON THE FILE OF THE JMFC COURT (SENIOR DIVISION) BILAGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.80/2025 registered by Bilagi Police Station, Bagalkot for the offences punishable under Sections 126(2), 118, 109, 352, 351(3) read with Section 3(5) of BNS 2023 are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.80/2025 was registered by Bilagi Police Station, Bagalkot, for the aforesaid offences against the petitioner herein based on the first information dated 06.05.2025, received from Ramesh Bellubbi, who is the son of injured Venkapp Fakirappa Bellubbi. During the course of investigation, accused No.1 was arrested on 14.05.2025 and accused No.2 was arrested on 07.05.2025. Bail application filed by accused Nos.1 and 2 before the Jurisdictional Sessions Court in Criminal - 3 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 Misc.No.222 of 2025 was rejected on 27.05.2025. Therefore, they are before this Court seeking regular bail. 4. Perusal of material on record would go to show that parties have a civil dispute between themselves and it appears that they are fighting the litigation before the Courts in respect of certain agricultural properties. In the alleged incident that had taken place on 05.05.2025, father of the first informant was allegedly assaulted by the accused and as a result, he had suffered grievous injuries and was shifted to the hospital. Perusal of the material on record would go to show that accused No.1 had allegedly assaulted the injured victim Venkappa Fakirappa Bellubbi with an axe on his back and accused No.2 had assaulted the injured victim with a wooden club on his body. It is further alleged that accused Nos.3 and 4 also had assaulted the injured victim with the axe, which was in the hand of accused No.1 and had caused injuries. Wound certificate of injured victim would reflect that he had suffered 7 injuries. Out of the 7 injuries, injury Nos.1 to 3 - 4 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 are said to be simple injuries and injuries Nos.4 to 7 are said to be grievous injuries. Perusal of wound certificate would go to show that the grievous injuries are corresponding to the assault made by accused Nos.1 and 2, who are in custody. Accused Nos.3 and 4 are the son and daughter of accused No.2. Though there is an allegation of assault even as against accused Nos.3 and 4, wound certificate of the injured would go to show that there are no corresponding grievous injury suffered by the injured victim as a result of alleged assault made by accused Nos.3 and 4. Investigation of the case is completed and charge sheet has been filed. Weapons used for assaulting the injured victim, has been already recovered in the present case, at the instance of accused Nos.1 and 2, who were arrested and remanded to judicial custody. 5. Undisputedly petitioners do not have criminal antecedents. They are agriculturists by avocation. Under the circumstances, the prayer made by the petitioners for - 5 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petition is allowed. ii. The petitioners/accused Nos.1 and 2 are directed to be enlarged on bail in Crime No.80/2025 registered by Bilagi Police Station, Bagalkot for the offences punishable under Sections 126(2), 118, 109, 352, 351(3) read with Section 3(5) of BNS 2023, subject to the following conditions: 1. The petitioners/accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioners/accused Nos.1 and 2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - HC-KAR NC: 2025:KHC-D:9382 CRL.P No. 102505 of 2025 3. The petitioners/accused Nos.1 and 2 shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioners/accused Nos.1 and 2 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 25