- 1 - HC-KAR NC: 2025:KHC:34641 CRL.P No. 11829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11829 OF 2025 BETWEEN: 1. SHRIKANTH KULAL S/O ANANDA KULAL, AGED ABOUT 29 YEARS, R/AT MANJUNATHA NILAYA, 38TH KALTHUR VILLAGE, SANTHEKATTE POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 215. 2. SANTHOSH NAIK S/O LATE KARIYA NAIK, AGED ABOUT 43 YEARS, R/AT BADKINABAILU, FARANGIHITHLU MANE, KENJURU VILLAGE AND POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 215. 3. SADANANDA POOJARY S/O LATE KALU POOJARY, AGED ABOUT 46 YEARS, R/AT SARASWATHI NILAYA, KALTHUR VILLAGE, SANTHEKATTE POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 215. …PETITIONERS (BY SRI. K. PRASANNA SHETTY, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34641 CRL.P No. 11829 of 2025 AND: STATE BY HEBRI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-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 PETITIONERS ON BAIL IN CRIME NO.45/2025 REGISTERED BY RESPONDENT POLICE, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN.) AND ACJM COURT, UDUPI, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 118(1), 351(2), 126(2), 352 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioners on bail. 2. Heard the learned counsel for petitioners, the learned HCGP for State and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:34641 CRL.P No. 11829 of 2025 3. FIR in Cr.No.45/2025 is registered at Hebri Police Station, Udupi, against accused Nos.1 to 3 for the offence punishable under Section115(2), 118(1), 351(2), 126(2), 352 r/w 3(5) of BNS, 2023. 4. Complaint is lodged on 21.7.2025 at 8.30 p.m. by one Raja S/o Suresh Naik, wherein, it is alleged that on 20.7.2025 at about 2.15 p.m., near Sirimudi Hotel Santhekatte, Kalthuru village, Udupi, petitioners/accused Nos.1 to 3 have picked up quarrel with him, dragged him outside the hotel and assaulted him on his chest, neck and head with hands. They also tried to assault him with a club and threatened with dire consequences stating that they will assault him with Talwar and finish him. 5. The learned counsel for petitioner contended that the present case is registered as a counter blast to the case registered in Cr.No.44/2025 in the very same police station for the offence punishable under Section 3(2)(v-a), 3(1)(r)(s) of SC/ST (POA) Act, 1989 and Section 352, 351(2) of BNS, 2023. - 4 - HC-KAR NC: 2025:KHC:34641 CRL.P No. 11829 of 2025 6. From the material on record, it can be seen that both the parties have lodged complaints against each other. 7. In the present case, it is alleged that the accused have assaulted the complainant with hands and tried to assault him with a club. However, no visible injuries are noticed in the wound certificate. It is stated that the complainant suffered pain and tenderness over the neck. Injury is said to be simple in nature. It cannot be said at this stage that there was an intention on the part of the accused to kill the complainant. Petitioners are arrested on 22.7.2025. They are in judicial custody since then. They are interrogated and not required for further interrogation. Hence, by imposing conditions, petitioners can be admitted to bail. Accordingly, the following: ORDER I. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:34641 CRL.P No. 11829 of 2025 II. Petitioners/accused Nos.1 to 3 in Crime No.45/2025 of Hebri Police Station, Udupi, shall be enlarged on bail, subject to following conditions: 1. They shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 43