- 1 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14582 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. NAGARAJU S/O CHIKKANNA, AGED ABOUT 35 YEARS, 2. CHANNAIAH S/O CHIKKAHANUMAIAH, AGED ABOUT 45 YEARS, BOTH ARE TALAGAVADI VILLAGE, MALAVALLI, TALUK MANDYA DISTRICT - 571 430. …PETITIONERS (BY SRI. SYED MOHAMMED IRBAZ, ADVOCATE FOR SRI. MAHAMMED TAHIR A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MALAVALLI RURAL POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CRIME NO.145/2025 REGISTERED AT MALAVALLI RURAL POLICE STATION, PENDING ON THE FILE OF CIVIL JUDGE (SENIOR DIVISION) AND JMFC COURT, MALAVALLI RURAL, MALAVALLI FOR THE ALLGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 3(5), 126(2), 118(1), 351(2), 74 AND 54 OF BNS. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.145/2025 of Malavalli Rural Police Station, registered for offences punishable under Sections 109, 115(2), 3(5), 126(2), 118(1), 351(2), 74 and 54 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioners would contend that, the brother of complainant has recorded video of Yashodha - sister of petitioner No.1/accused No.1 who had gone to Maddur Court and for asking the same, the accused persons went to the house of the complainant and there was a quarrel in that regard. The injured persons have sustained simple injuries and they have been discharged from the hospital. The petitioners are ready to cooperate with the Police in the investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the wound certificate of complainant - Radhamani T.B. indicates that, she has sustained abrasion and contusion over her left - 4 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 thigh and it is simple in nature and wound certificate of Hanumamma indicates that, she has sustained brownish coloured contusion injury over right upper part of breast measuring 5 cms. X 5 cms. and it is stated to be simple in nature. Petitioner No.1/accused No.1. is having criminal antecedents and he is involved in Crime Nos.172/2024 and 174/2024 of Malavalli Rural Police Station and proceedings under Section 166 of BNSS has been initiated against petitioner No.1/accused No.1. Considering the said aspect, petitioner No.1/accused No.1 is not entitled for grant of anticipatory bail. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. As per averments in the complaint, petitioner No.1/accused No.1 came near the house of complainant on 21.08.2025 at about 03.00 p.m. regarding her husband - 5 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 recording video of Yashodha - sister of petitioner No.1/accused No.1, he abused her in a filthy language and threatened that, he will kill the husband of complainant. At the same time, he stopped her, pulled her and told her that, against him and Yashodha, there are six to seven cases and rowdy sheet has also been opened and it is not difficult for him to finish them and so saying he took the iron rod kept in neighbouring chicken shop and assaulted on the right thigh of complainant. Thereafter, accused Nos.1 and 2 have assaulted on her ear and petitioner No.1/accused No.1 pressed her neck. At that time, Rathnamma and Hanumamma came and pacified the quarrel. Considering the above aspect, serious overtact is alleged against petitioner No.1/accused No.1 who assault with iron rod on the thigh of complainant and he pressed her neck. Petitioner No.1/accused No.1 is having criminal antecedents and he is involved in Malavalli Rural Police Station in Crime Nos.172/2024 and 174/2024 and proceedings are also initiated against him under Section - 6 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 166 of BNSS. Considering the said aspect, petitioner No.1/accused No.1 is not entitled for grant of discretionary relief of anticipatory bail. 7. There is no serious overtact is alleged against petitioner No.2/accused No.2. He is stated to have assaulted the complainant with hands on her left ear. Considering the said fact and also he is not having criminal antecedents, he is entitled for grant of anticipatory bail with conditions. In the result, the following; ORDER a) The Criminal Petition filed by petitioner No.1/accused No.1 is dismissed. b) The Criminal Petition filed by petitioner No.2/accused No.2 is allowed. The petitioner No.2/accused No.2 is granted anticipatory bail in Crime No.145/2025 of Malavalli Rural Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 i) The petitioner No.2/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioner No.2/accused No.2 shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner No.2/accused No.2 shall cooperate with the Police in investigation and make himself available for interrogation whenever required. iv) The petitioner No.2/accused No.2 shall appear before the Investigating Officer whenever called for. v) The petitioner No.2/accused No.2 shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts - 8 - HC-KAR NC: 2025:KHC:46708 CRL.P No. 14582 of 2025 to the Court or to any Police Officer or tamper with the evidence. vi) The petitioner No.2/accused No.2 shall appear before the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5