- 1 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102361 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. PRAKASH S/O. SHIDDAPPA UDOJI, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 2. NINGAPPA S/O. SHIDDAPPA UDOJI, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 3. YALLAPPA S/O. SHIVAPPA UDOJI, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 4. NINGAPPA S/O. YALLAPPA UDOJI, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. 5. IRAPPA S/O. YALLAPPA UDOJI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. HOSATTI, TQ. AND DIST. DHARWAD. … PETITIONERS (BY SRI. ANILKUMAR H. BUDARPUR, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011, THROUGH GARAG POLICE STATION. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONERS/ACCUSED NO.3 TO 5, 7 AND 8 ON ANTICIPATORY BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT BY THIS COURT IN GARAG P.S. CRIME NO.0060/2025 DATED 07.04.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 109, 118(2), 352, 351(2), 351(3), 190, 62 AND 103(1) OF BNS, 2023, PENDING BEFORE THE I ADDL. CIVIL JUDGE AND JMFC DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.3 to 5, 7 & 8 are before this Court under Section 482 of BNSS, 2023, with a prayer to grant anticipatory bail to them in Crime No.60/2025 registered by Garag Police - 3 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 Station, Dharwad District, for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 118(2), 352, 351(2), 351(3), 190, 62 & 103(1) of BNS, 2023. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.60/2025 was registered by Garag Police Station, Dharwad District, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 118(2), 352, 351(2), 351(3), 190 of BNS, 2023, against Manjunatha S/o Shiddappa Udoji and others based on the first information dated 07.04.2025 received from Shivappa S/o Jyoteppa Udoji. It appears that injured Jyoteppa had subsequently died in the hospital, and therefore, the offence punishable under Section 103 of BNS, 2023, was invoked against the accused in the present case. After completing investigation, charge sheet has been filed against 10 persons and petitioners herein are arrayed as accused nos.3 to 5, 7 & 8. Their prayer for grant of anticipatory bail before the jurisdictional Sessions Court in Crl. Misc. No.167/2025 was rejected on 02.05.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 4. Perusal of the material on record would go to show that the accused in Crime No.60/2025 and the victims are all close relatives and there is a civil dispute between the parties with regard to certain immovable property and the parties are already before the jurisdictional civil court. It is alleged that accused no.1 had stocked sand in the land in dispute and on 07.04.2025 when this was questioned by Jyoteppa and his relatives, accused no.1 allegedly had assaulted Jyoteppa with an iron spade on his head and caused grievous injuries. The other accused persons also allegedly had assaulted the relatives of Jyoteppa with their hands and legs and caused simple injuries to them. In respect of the alleged incident that had taken place on 07.04.2025, there is a case and counter case registered in Crime No.60/2025 and Crime No.61/2025 by the very same police station. The allegation of assaulting Jyoteppa with an iron spade on his head is only as against accused no.1 – Manjunath S/o Shiddappa. 5. So far as the other accused persons are concerned, there is no allegation as against them about assaulting Jyoteppa with any weapon, and on the other hand, the allegation against them is about assaulting the other injured with their hands and legs. The - 5 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 other injured persons have suffered only simple injuries. Investigation of the case is completed and charge sheet has been filed. Accused no.1 who had assaulted the deceased with an iron spade is in custody and the weapon used for committing the crime is recovered. Undisputedly, petitioners do not have any criminal antecedents. Under the circumstances, I am of the opinion that petitioners’ prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. 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.60/2025 registered by Garag Police Station, Dharwad District, for the offences punishable under Sections 189(2), 191(2), 191(3), 109, 118(2), 352, 351(2), 351(3), 190, 62 & 103(1) of BNS, 2023, subject to the following conditions: 1. 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 - 6 - HC-KAR NC: 2025:KHC-D:10884 CRL.P No. 102361 of 2025 sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 24