- 1 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 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. 103242 OF 2025 (439(CR.PC)/483(BNSS)) C/W CRIMINAL PETITION NO. 103243 OF 2025 (438(CR.PC)/482(BNSS)) IN CRL.P. NO.103242 OF 2025: BETWEEN: 1. MUKHAPPA S/O BASAPPA KANNESHWAR, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. KIRWADI, TQ. HANAGAL, DIST. HAVERI. 2. SUDHEER S/O NAGAPPA KANNESHWAR, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. KIRWADI, TQ. HANAGAL, DIST. HAVERI. 3. NAGAPPA S/O BASAPPA KANNESHWAR, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. KIRWADI, TQ. HANAGAL, DIST. HAVERI. 4. BASAVARAJ S/O MUKHAPPA KANNESHWAR, AGE. 25 YEARS, OCC. DRIVER, R/O. KIRWADI, TQ. HANGAL, DIST. HAVERI. … PETITIONERS (BY SRI. M.S. HALLIKERI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ADUR POLICE STATION, HAVERI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … 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:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS/ACCUSED NO. 1 TO 4 BY RELEASING THEM FROM THE JUDICIAL CUSTODY HELD BY ADUR POLICE STATION ADUR IN CRIME NO.127/2025 C.J. AND JMFC COURT HANAGAL DATED 22.07.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2 AND 3), 115(2), 118(1), 105, 351(2) AND 352 R/W 190 OF BNS, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO.103243 OF 2025: BETWEEN: VINAYAK S/O MUKHAPPA KANNESHWAR, AGE. 23 YEARS, OCC. AGRICULTURE, R/AT: KIRAWADI, TQ. HANGAL, DIST. HAVERI. … PETITIONER (BY SRI. M.S. HALLIKERI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ADUR POLICE STATION, HAVERI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, 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, 2023), PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.5 WHO APPREHENDS HIS ARREST BY ADUR POLICE STATION ADUR IN CRIME NO.127/2025 C.J. AND JMFC COURT HANAGAL DATED 22.07.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2 AND 3), 115(2), 118(1), 105, 351(2) AND 352 R/W 190 OF BNS, 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 5 in Crime No.127 of 2025 registered by Adur Police Station, Haveri District for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 105, 351(2) and 352 read with Section 190 of BNS, 2023, are before this Court in these two petitions filed under Section 483 of BNSS, 2023 and Section 482 of BNSS, 2023 seeking regular and anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.127 of 2025 was registered by Adur Police Station, Haveri District for the aforesaid offences against the petitioners herein based on the first information dated 22.07.2025 received from Siddappa Kanneshwara S/o. deceased Kotrappa. During the course of investigation, accused Nos.1 to 4 were arrested on 23.07.2025 and remanded to judicial custody. Their regular bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.506 of 2025 was rejected on - 4 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 07.08.2025. Therefore, they are before this Court in Criminal Petition No.103242 of 2025. Apprehending arrest in the case, accused No.5 had filed Criminal Miscellaneous No.505 of 2025 before the Jurisdictional Sessions Court which was rejected on 07.08.2025. Therefore, he is before this Court in Criminal Petition No.103243 of 2025. 4. Perusal of the material on record would go to show that the deceased Kotrappa and accused Nos.1 and 3 are direct brothers. The other accused persons are the children of accused Nos.1 and 3. It appears that there was certain civil dispute with regard to the joint family property and on 22.07.2025 at about 10:30 a.m., accused persons had approached their brother Kotrappa and had asked him to transfer the immovable properties in their name. It appears that thereafter parties had fought against each other and accused persons allegedly had assaulted Kotrappa with their hands and legs and when first informant tried to interfere, accused No.2 allegedly assaulted him with a - 5 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 wooden piece on his head. Undisputedly, first informant has suffered a simple injury in the incident in question. 5. Kotrappa, aged 76 years, complained of pain in his chest immediately after the incident and was initially taken to Taluka Hospital at Tilavalli village and subsequently shifted to District Hospital at Haveri. It appears that in the year 2023, Kotrappa had undergone a heart surgery and four stents were implanted. Kotrappa, who was admitted in District Hospital at Haveri subsequently died in the hospital. Postmortem report of Kotrappa would go to show that he had no external injuries on his body and all the parts of his body including his genitals were found to be intact. However, final opinion regarding the cause of death is kept pending awaiting report from the Forensic Science Laboratory. 6. Petitioners herein are all agriculturalist by avocation. Petitioner Nos.1 and 3, who are the direct brothers of deceased are aged about 59 years and 68 years respectively. The other accused persons are the children of - 6 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 accused Nos.1 and 3. Accused Nos.1 to 4 are in custody from 23.07.2025 and a major portion of investigation is already completed. Considering the background in which the incident in question had taken place and allegations found in the first formation against the accused, I am of the opinion that the prayer made by the petitioners, who are arrayed as accused Nos.1 to 5 for grant of regular bail and anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER A] Criminal Petition No.103242 of 2025 is allowed. B] Petitioners – accused Nos.1 to 4 in Criminal Petition No.103242/2025 are directed to be enlarged on bail Crime No.127 of 2025 registered by Adur Police Station, Haveri District for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 105, 351(2) and 352 read with Section 190 of BNS, 2023, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 i. Petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. Petitioners shall not involve in similar offences in future; v. 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. C] Criminal Petition No.103243 of 2025 is allowed. D] The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner – accused No.5 in the event of his arrest in Crime No.127 of 2025 registered by Adur Police Station, Haveri District for - 8 - HC-KAR NC: 2025:KHC-D:10935 CRL.P No. 103242 of 2025 C/W CRL.P No. 103243 of 2025 offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 105, 351(2) and 352 read with Section 190 of BNS, 2023, subject to the following conditions: i. The petitioner 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/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 24