- 1 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103534 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. KARIBASAPPA S/O SIDDAPPA, AGE. 35 YEARS, OCC. AGRICULTURIST, R/O. HUNASIHALLI VILLAGE, HARAPANAHALLI, VIJAYANAGARA (DIST), PIN CODE-583 131. 2. SIDDALINGAPPA S/O SIDDAPPA, AGE. 39 YEARS, OCC. AGRICULTURE, R/O HUNASIHALLI VILLAGE, TQ. HARAPANAHALLI, VIJAYANAGARA, PIN CODE-583 131. 3. ANJINAPPA S/O NANJAPPA, AGE. 39 YEARS, OCC. AGRICULTURIST, R/O. HUNASIHALLI VILLAGE, HARAPANAHALLI VILLAGE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 DIST. VIJAYANAGARA, PIN CODE-583 131. … PETITIONERS (BY SRI. BASAVANA GOUD T., ADVOCATE) AND: THE STATE OF KARNATAKA, BY THE POLICE SUB INSPECTOR, CHIGATERI POLICE STATION, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, PIN CODE-580 011. … 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 A REGULAR BAIL TO THE PETITIONERS HEREIN WHO ARE THE ACCUSED NO.1 TO 3 RESPECTIVELY IN CRIME NO.42/2025, REGISTERED BY CHIGATERI POLICE STATION HARAPANAHALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) READ WITH SECTION 190 OF BHARATIYA NYAYA SANHITA (BNS) 2023, WHICH WOULD MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 in Crime No.42 of 2025 registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District for the offences punishable under Sections 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of the BNS, 2023, are before this Court in this petition filed under Section 482 of the BNS, 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.42 of 2025 was registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District against Karibasappa and four others based on the first information dated 01.07.2025 received from the injured-victim, T.Chandrappa. During the course of investigation, the petitioners herein, who are arrayed as accused Nos.1 to 3 in the FIR were arrested on 12.07.2025 and remanded to judicial custody. Their bail application filed - 4 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 before the Jurisdictional Sessions Court in Crl. Misc.Nos.5475 of 2025 c/w 5448 of 2025 was rejected on 20.08.2025, therefore, they are before this Court. 4. Perusal of the material on record would go to show that there is some civil dispute between the parties, and on 03.06.2025 accused persons therefore had quarreled with the first informant and thereafter, had abused and assaulted him. Allegation against accused nos.1 and 2 is that they had assaulted the first informant with stone and had caused injury on his body. Accused no.3 allegedly had assaulted the injured with his hands and accused Nos.4 and 5 allegedly had kicked the injured. 5. Accused nos.4 and 5 have been granted regular bail in Criminal Petition No.103526/2025. Undisputedly, the accused persons were not armed when the incident in question had taken place. After quarrelling with the accused persons, the accused nos.1 and 2 allegedly had assaulted the victim with stones and caused grievous injury on his - 5 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 body. Injured victim, who was admitted in the hospital, has been discharged and his condition is said to be stable. It is not in dispute that petitioners do not have any criminal antecedents. Investigation of the case is already completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER a. Criminal Petition is allowed. b. The petitioners are directed to be enlarged on bail in Crime No.42 of 2025 registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District for the offences punishable under Sections 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of the BNS, 2023, subject to the following conditions: 1. The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each - 6 - HC-KAR NC: 2025:KHC-D:11995 CRL.P No. 103534 of 2025 with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; 3. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioners shall not involve in similar offences in future; 5. The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 25