- 1 - HC-KAR NC: 2025:KHC-D:9383 CRL.P No. 102506 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. 102506 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. CHIKKAPPA S/O GANGAPPA UDAPUDI, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O: CHIKKALGUNDI, TQ: BILAGI, DIST: BAGALKOT-587 116. 2. SMT. ANNAPURNA GANGAPPA UDAPUDI, AGED ABOUT 35 YEARS, OCC: AGRICULTURE, 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 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO DIRECT THE RESPONDENT POLICE/AUTHORITIES TO RELEASE THE PETITIONERS/ACCUSED NO.3 AND 4 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST 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. 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:9383 CRL.P No. 102506 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.3 and 4 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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking anticipatory 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. Apprehending arrest in the case, accused Nos.3 and 4 had filed Criminal Misc.No.221 of 2025 before - 3 - HC-KAR NC: 2025:KHC-D:9383 CRL.P No. 102506 of 2025 the Jurisdictional Sessions Court, which was rejected on 27.05.2025. Therefore, they are before this Court seeking anticipatory 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 some 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 - 4 - HC-KAR NC: 2025:KHC-D:9383 CRL.P No. 102506 of 2025 suffered 7 injuries. Out of the said 7 injuries, injury Nos.1 to 3 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 - 5 - HC-KAR NC: 2025:KHC-D:9383 CRL.P No. 102506 of 2025 the circumstances, the prayer made by the petitioners for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following: ORDER a. 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.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: i. The petitioners/accused Nos.3 and 4 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:9383 CRL.P No. 102506 of 2025 sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioners/accused Nos.3 and 4 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioners/accused Nos.3 and 4 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/accused Nos.3 and 4 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 26