- 1 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 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. 103207 OF 2025 C/W CRIMINAL PETITION NO. 103265 OF 2025 (438(CR.PC)/482(BNSS)) IN CRL.P. NO.103207 OF 2025: BETWEEN: 1. MR. PRABHU RAMANAYA HIREMATH S/O RAMANAYYA, AGE. 26 YEARS, OCC. LABOURER, R/O. MUNDARGI, DIST. GADAG. 2. SRI, RAMANAYYA S/O MUNISWAMI HIREMATH, AGE. 57 YEARS, OCC. BUSINESS, R/O. MUNDARGI, DIST. GADAG. 3. SMT. PALLAVI W/O RAMANAYYA HIREMATH, AGE. 50 YEARS, OCC. HOUSE WIFE, R/O. MUNDARGI, DIST. GADAG. 4. SMT. LAXMI RAMANAYYA @ AMANICHERLA LAXMIDEVI W/O AMANICHELA BHARATH KUMAR (D/O RAMANAYYA HIREMATH), AGE. 25 YEARS, OCC. HOUSE WIFE, R/O. MUNDARGI, DIST. GADAG, NOW AT: KOTAL PATHEGADA, CHITTURU DISTRICT, ANDRA PRADESH. … PETITIONERS (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KANAKAGIRI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT THE PETITIONER/ACCUSED NO.1, 3, 4, 5 ON ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN THE CRIME NO.01/2025 OF KANAKAGIRI POLICE, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 76, 318(2), 352, 351, 49 OF BNS PENDING BEFORE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT GANGAVATI AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.103265 OF 2025: BETWEEN: SRI. VEERESH @ IRANNA S/O ANDAPPA ALUR, AGE. 23 YEARS, R/O. MEVUNDI VILLAGE, TQ. MUNDARAGI, DIST. GADAG-582 113. … PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: STATE OF KARNATAKA, BY KANAKAGIRI POLICE STATION, KOPPAL, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … 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 ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.01/2025 PUNISHABLE UNDER SECTIONS 76, 49, 318(2), 352 AND 351 OF BNS WHICH CAME TO BE REGISTERED BY KANAKAGIRI P.S., PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (JR.DN) AND JMFC, GANGAVATHI, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 5 are before this Court in these two petitions filed under Section 482 of the BNSS, 2023 seeking anticipatory bail in Crime No.1 of 2025 registered by Kanakagiri Police Station, Koppal for offences punishable under Sections 76, 49, 318(2), 352 and 351 of BNS, 2023. 2. Heard the learned counsel for the parties. 3. Learned counsels for the petitioners submits that on the merits of the case, petitioners were earlier granted anticipatory bail by the Jurisdictional Sessions Court in Criminal Miscellaneous No.31 of 2025. For the reason that they had not complied with the conditions of the bail order, the anticipatory bail granted to them was cancelled by the learned Sessions Judge in Criminal Miscellaneous No.91 of 2025 disposed of on 22.07.2025. They submit that though satisfactory reasons were given by the petitioners for non-compliance of the bail conditions, the learned Sessions Judge has cancelled the anticipatory bail granted to the petitioners. They submit that accused Nos.4 and 5 are married ladies and petitioners are all - 4 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 rustic villagers. They submit that petitioners are ready and willing to co-operate with the Police for the purpose of investigation. Accordingly, they pray to allow the petitions. 4. Per contra, learned HCGP who has opposed the petitions submits that petitioners have not complied with the conditions imposed by learned Sessions Judge who had granted anticipatory bail. Therefore, their bail was cancelled. Accordingly, she prays to dismiss the petitions. 5. In the first information which is submitted by Smt. Nermaladevi Mundargi, aged 78 years, she has alleged that on 29.12.2024 at about 12:30 a.m. when she was sitting in front of her house situated at Ramdurga Village, accused who came there quarrelled with her and forcibly took an amount of Rs.1,20,000/- which she was having with her in cash and in return had given her a blank cheque. She has alleged that while leaving the place, the accused persons had criminally intimidated her. In respect of the alleged incident that had taken place on 29.12.2024, belatedly first information was filed on 02.01.2025. Taking into consideration the nature of allegations found in the first information and also the delay in filing the FIR, learned - 5 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 Sessions Judge had granted anticipatory bail to the petitioners in Criminal Miscellaneous No.31 of 2025, which was allowed on 19.02.2025. It appears that petitioners had not appeared before the Investigation Officer as directed by the learned Sessions Judge while granting anticipatory bail to them and they also had not marked their attendance in compliance of the bail conditions. It is under these circumstances, the State had moved a petition for cancellation of the anticipatory bail in Criminal Miscellaneous No.91 of 2025 which was allowed on 22.07.2025 and the anticipatory bail granted to the petitioners was cancelled. 6. Be that as it may, the fact remains that on the merits of the case, petitioners were granted anticipatory bail in the present case. It is only for the reason that they had not complied with the bail conditions, the anticipatory bail granted to them was cancelled. 7. Material on record would go to show that an explanation was offered by before the learned Sessions Judge stating that the petitioners had approached the Police Station after they were granted anticipatory bail, but a Police Constable - 6 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 in the Police Station had asked them to come on some other day and he had informed that they would receive a call. 8. According to the petitioners, it is only for the said reason they had not approached the Police thereafter. The allegations found against the petitioners in the FIR are not grave in nature and dispute between the parties appears to be civil in nature. 9. Petitioners have undertaken to co-operate with the Police for the purpose of investigation and also comply with the conditions that were imposed on them. Under the circumstances, the following: ORDER Petitions are 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.1 of 2025 registered by Kanakagiri Police Station, Koppal for offences punishable under Sections 76, 49, 318(2), 352 and 351 of BNS, 2023, subject to the following conditions: i. Petitioners are directed to appear before the Investigation Officer in the present case on - 7 - HC-KAR NC: 2025:KHC-D:10857 CRL.P No. 103207 of 2025 C/W CRL.P No. 103265 of 2025 04.09.2025 between 10:00 a.m. and 01:00 p.m. and execute a personal bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the Investigation Officer. ii. Petitioners shall mark their attendance before the Station House Officer of Kanakagiri Police Station, Koppal between 10:00 a.m. and 01:00 p.m. on every Sunday of the month for a period of three months or till filing of the final report whichever is earlier. iii. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iv. 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; v. Petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 36