- 1 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103328 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. SHRI UMESH S/O HUVAMMA, AGE. 45 YEARS, OCC. AGRICULTURIST, R/O. NEELAGUNDA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT, PIN-583 213. 2. SHRI PRAKASH S/O BASAPPA, AGE. 46 YEARS, OCC. AGRICULTURIST, R/O. NEELAGUNDA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT, PIN-583 213. 3. SHRI DURUGAPPA @ VIJAYAKUMAR S/O PARASAPPA, AGE. 30 YEARS, OCC. AGRICULTURIST, R/O. NEELAGUNDA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGAR DISTRICT, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 PIN-583 213. … PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HARPANAHALLI P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD, PIN-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE INVESTIGATING OFFICER IN CHARGE OF HARPANAHALLI POLICE STATION CRIME NO.169/2025, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HARAPPANAHALLI, VIJAYANAGAR DISTRICT, IS REGISTERED AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 132, 324(3), 352, 351(2) R/W SECTION 3(5) OF BNS 2023, TO RELEASE THESE PETITIONERS ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST IN THE SAID CRIME, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 in Crime No.169 of 2025 registered by Harapanahalli Police Station, Vijayanagara for offences punishable under Sections 115(2), 132, 324(3), 352, 351(2) read with Section 3(5) of BNS 2023 are before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.169 of 2025 was registered by Harapanahalli Police Station, Vijayanagara for the aforesaid offences, against the petitioner herein based on the first information dated 14.07.2025 received from Koteeppa s/o Erappa, who is one of the injured victim in the present case. Apprehending arrest in the case, petitioners had filed Criminal Misc.No.5477 of 2025 before the Jurisdiction Sessions Court, which was rejected on 16.08.2024. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 4. Perusal of the material on record would go to show that there is a case and a counter case in respect of the alleged incident that had taken place on 14.07.2025 at about 13.45 hours. It appears that on 14.07.2025 at about 12.30 p.m., accused No.1-Umesha after washing his bullocks, was on his way to his house, along with his pet dog. The bus bearing registration No.KA-28/F-2471 driven by Koteeppa, who is the injured victim in the present case, dashed against the pet dog of accused No.1-Umesha, and as a result, the dog died at the spot. Koteeppa allegedly did not stop the bus in spite of Umesha raising a cry. At about 01.45 p.m. when the bus returned, Koteeppa interrupted the said bus and questioned Koteeppa why he had not stopped the bus after causing the accident, in which his dog had died. In the alleged incident that had taken place thereafter at about 01.45 p.m., it appears that both the parties have suffered injuries and therefore, a case and a counter case have been registered in Crime No.169 of 2025 and Crime No.170 of 2025. Considering the aforesaid - 5 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 aspects of the matter, I am of the opinion that the prayer made by the petitioners herein for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER a. Criminal Petition is allowed. b. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.169 of 2025 registered by Harapanahalli Police Station, Vijayanagara for offences punishable under Sections 115(2), 132, 324(3), 352, 351(2) read with Section 3(5) of BNS 2023, subject to the following conditions: i. The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like - 6 - HC-KAR NC: 2025:KHC-D:10939 CRL.P No. 103328 of 2025 sum to the satisfaction of the investigating officer. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 29