- 1 - HC-KAR NC: 2025:KHC-D:12568 CRL.P No. 103667 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103667 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. DALROTTI HUSSAIN SAB @ HUSSAIN SAB KOTTAD S/O. BUDEN SAB, AGE. 66 YEARS, R/O. HOMBLAGATTI VILLAGE, HARAPANAHALLI TALUK, DIST. VIJAYANAGAR-583 131. 2. DALROTTI SALAM SAHEBA @ ABDUL SALAM PATTEDA S/O HUSSAIN SAB PATTEDA, AGE. 35 YEARS, R/O. HOMBLAGATTI VILLAGE, HARAPANAHALLI TALUK, DIST. VIJAYANAGAR-583 131. … PETITIONERS (BY SRI. J.S. SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS HARAPANAHALLI POLICE STATION AUTHORITIES, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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), PRAYS TO THAT IN THE EVENT OF THE ARREST OF THE PETITIONERS, IN HARAPANAHALLI P.S. CRIME NO.137/2025, NOW NUMBERED AS C.C. NO.1552/2025, FILED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(1), 109, 352, 351(2), 351(3) R/W SECTION 3(5) OF BNS, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC, HARAPANAHALLI, THEY MAY ORDERED TO BE RELEASED ON ANTICIPATORY BAIL, BY ALLOWING THIS CRIMINAL PETITION, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12568 CRL.P No. 103667 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No. 137 of 2025 registered by Harapanahalli Police Station, Vijayanagar for offences punishable under Sections 115(1), 109, 352, 351(2),351(3) read with Section 3(5) of BNS 2023, are before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.137/2025 was registered by Harapanahalli Police Station, Vijayanagar for the aforesaid offences against the petitioners and another based on the first information dated 09.06.2025 received from Nusrath Bhanu Makarabbi, who is the wife of injured victim Makarabbi Peerla Husensab. 4. Apprehending arrest in the case, petitioners who are arrayed as accused Nos.1 and 2 in the FIR had filed Cril.Misc.No.5396 of 2025 before the Jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC-D:12568 CRL.P No. 103667 of 2025 Court which was rejected on 31.07.2025. Therefore, they are before this Court. 5. Perusal of the material on record would go to show that the incident in question had taken place after the parties had fought against each other on a petty issue. In the alleged incident that had taken place on 09.06.2025, accused Nos.1 to 3 had abused and assaulted the husband of the first informant. Undisputedly, in the said incident, the injured victim, who is the husband of the first informant, has suffered only simple injuries. Accused No.3, who was arrested in the present case, has been granted regular bail by this Court in Criminal Petition No.103179 of 2025 disposed off on 29.08.2025. Petitioners herein do not have any criminal antecedent. Investigation of the case is already completed and charge sheet has been filed. Accordingly the following: ORDER a. Criminal Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:12568 CRL.P No. 103667 of 2025 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.137 of 2025 registered by Harapanahalli Police Station, Vijayanagar for offences punishable under Sections 115(1), 109, 352, 351(2), 351(3) read with Section 3(5) of BNS 2023, subject to the following conditions: i. The petitioners shall appear before the trial Court 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 sureties for the like sum to the satisfaction of the trial Court. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for - 5 - HC-KAR NC: 2025:KHC-D:12568 CRL.P No. 103667 of 2025 investigation and appear before them whenever called upon. iv. The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 30