- 1 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11820 OF 2025 BETWEEN: EERAPPA S/O GUDDAPPA, AGED ABOUT 47 YEARS, OCC: AGRICULTURIST, R/O ADAVIGOLLARAHATTI VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 501. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHARAMASAGARA POLICE STATION, CHITRADURGA SUB-DIVISION, CHITRADURGA DISTRICT-577 519. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.302/2025 OF BHARAMASAGARA POLICE STATION, CHITRADURGA DISTRICT (REGISTERED FOR THE OFFENCES Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 PUNISHABLE UNDER SECTIONS 115(2), 118(1), 74, 352, 351(1), 109, 126(2) R/W 190 BNS-2023 (CORRESPONDING PROVISIONS: SECTION 323, 324, 354, 504, 503, 307, 341 R/W 149 IPC 1860) NOW PENDING ON THE FILE OF 2ND ADDL. CIVIL JUDGE AND JMFC COURT CHITRADURGA), PENDING ON THE TRAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 has preferred this petition praying to enlarge him on regular bail in Crime No.302/2025 of Bharamasagara Police Station, Chitradurga, registered for the offence punishable under Section 109, 115(2), 126(2), 118(1), 351(1), 190, 74, 352 of BNS, 2023 2. Heard both the sides and perused the material on record. 3. On the basis of a complaint lodged by Manjamma W/o late Krishnappa, aforementioned case is registered against accused Nos.1 to 24. As per complaint averments, on account of a land dispute, all the accused - 3 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 formed an unlawful assembly armed with chopper, sickle, sticks and stones and assaulted the complainant and her father Mallappa with an intention to commit their murder. 4. The incident took place on 10.07.2025 at about 8.00 p.m. in Adavigollarahatti Village in the land allegedly belonging to the complainant. All the accused named in the FIR are from one family. Specific allegations against the petitioner, arraigned as accused No.1, is that he has assaulted complainant’s father Mallappa with a chopper. 5. Learned High Court Government Pleader would contend that as per wound certificate of Mallappa, he has sustained grievous injury, which is caused by the petitioner and therefore, he is not entitled for bail. 6. It is relevant to see that in respect of the very same incident a case is registered against the first informant, her father Mallappa and others, on a complaint lodged by one Guddappa arraigned as accused No.14 in the present case. The said case is registered in Crime - 4 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 No.301/2025 of Bharamasagara Police Station, Chitradurga for the offence punishable under Section 115(2), 118(1), 329(4), 190, 351(2), 352. of BNS, 2023. It is seen that the accused named in the said FIR have allegedly caused injuries to 5 persons. 7. As per wound certificate, Mallappa has sustained left 2nd Metacarpal neck fracture. As per complaint averments, even other accused have assaulted him with stone and kicked him with legs etc. It is not specifically stated as to on which part of the body, petitioner has assaulted him. The injury sustained is on the left hand. It appears that on account of the land dispute, both the parties indulged in a fight and suffered injuries in the incident. It is submitted that accused Nos.2 to 5, 7 to 9 and 12 to 14 are enlarged on bail by the learned Sessions Judge. Petitioner was arrested on 11.07.2025. He has been already interrogated. He has no bad antecedents. He is not required for further interrogation. Hence, considering the facts and - 5 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 circumstances, he can be admitted to bail by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Crime No.302/2025 of Bharamasagara Police Station, Chitradurga, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:34902 CRL.P No. 11820 of 2025 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 31