- 1 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 103598 OF 2024 (438(CR.PC)/482(BNSS)) BETWEEN: 1. SRI SATYAPPA S/O. SHANKAR MALI, AGE: 30 YEARS, OCC. AGRICULTURE, R/O. MUGALAKOD VILLAGE, TQ. MUDHOL, DIST. BAGALKOTE. 2. SRI SHANKAR S/O. CHANNAPPA MALI, AGE: 70 YEARS, OCC. AGRICULTURE, R/O. MUGALAKOD VILLAGE, TQ. MUDHOL, DIST. BAGALKOTE. 3. SMT. SAYAVVA W/O. SHANKAR MALI, AGE: 49 YEARS, OCC. HOUSEHOLD WORK, R/O. MUGALAKOD VILLAGE, TQ. MUDHOL, DIST. BAGALKOTE. 4. SMT. RATNAVVA W/O. SHANKAR MALI, AGE: 31 YEARS, OCC. HOUSEHOLD WORK R/O. MUGALAKOD VILLAGE, TQ. MUDHOL, DIST. BAGALKOTE. … PETITIONERS (BY SRI VITTHAL S. TELI, ADVOCATE; PETITION AGAINST P1 & P2 IS DISMISSED) MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.21 14:32:42 +0530 - 2 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH MUDHOL POLICE STATION, MUDHOL, DIST. BAGALKOT. … RESPONDENT (BY SMT.GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL AND IN EVENT OF ARREST OF THE PETITIONERS/ACCUSED NO. 1 TO 4 BY RESPONDENT POLICE IN MUDHOL P S CR.NO. 271/2024 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND CJM , MUDHOL FOR OFFENSE PUNISHABLE U/SEC. 115(2), 118(2), 109(1), 352, 351(3), 3(5) OF BNS ACT 2023 MAY BE RELEASED ON BAIL, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Petition insofar as petitioners no.1 and 2 are concerned is dismissed as they have been arrested. Present petition is only insofar as petitioners no.3 and 4 (‘petitioners’ for short) are concerned, wherein, they are seeking for grant of anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime no.271/2024 by Mudhol Police Station for offences punishable under Sections 115(2), 118(2), 109(1), 352, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short). 2. Sri Vitthal S.Teli, learned counsel for petitioners submitted that petitioners were women, permanent residents of Mugalakod village, Mudhol taluk having movable and immovable properties and were law abiding citizens, but apprehending arrest on basis of above mentioned false complaint. It was submitted, even as per complaint, on 28.09.2024 when father-in-law of complainant (i.e.Hanumanth) was talking on phone, assuming that he was abusing petitioners, they raised quarrel and assaulted him and thereby, committed offences as alleged. It was submitted, incident had - 4 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 led to complaint and counter complaint as Crime no.273/2024 was registered against Hanumant Arjun Sunagar and family members. It was further submitted, this Court in Crl.P.no.103665/2024 had granted anticipatory bail to Sri Hanmant Arjun Sunagar, Smt.Bandavva W/o.Balappa Talawar and Iranna S/o. Balappa Talawar (accused no.1 to 3 in Crime no.273/2024). 3. It was submitted, only overt acts alleged against petitioners herein were about throwing chilli powder. It was submitted, petitioners being women and belonging to reputed families and permanent residents of Mugalakod village, Mudhol taluk having movable and immovable properties would not flee justice. There were also no criminal antecedents against petitioners. On above grounds, sought for granting anticipatory bail on any conditions which they undertake to abide. 4. On other hand, Smt.Girija S.Hiremath, learned High Court Government Pleader opposed petition. It was submitted, there were specific overt acts alleged against petitioners. It was submitted, two persons namely Hanmant and Iranna had sustained injuries, petitioners and family of complainants were - 5 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 neighbours besides, their presence was necessary for custodial interrogation as both Crime no.271/2024 filed against petitioners herein as well as Crime no.273/2024 filed against present complainants by petitioners was pending in investigation. It was submitted, mere absence of antecedents would not justify grant of anticipatory bail. On above grounds, sought for rejection of petition. 5. Heard learned counsel. 6. From above, point that arises for consideration is: “Whether petitioner is entitled for anticipatory bail with conditions?” 7. Same is answered in affirmative for following reasons. 8. From above, it is clear that there is complaint and counter-complaint between parties, who are stated to be neighbors. Petitioners are women and only overt-acts alleged insofar as petitioners in complaint is that they threw chilli powder, which would not be heinous offence. Petitioners are having family which owns movable and immovable properties and are permanent residents of Mugalkod. Concerns or - 6 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 apprehensions of prosecution about petitioners involving in similar crimes again or fleeing justice or tampering with investigation/prosecution witnesses could be addressed by imposing appropriate conditions. 9. Hence, following: ORDER Petition is allowed in part. Petitioners (accused no.3 and 4) shall be enlarged on bail, in case of arrest in Crime no.271/2024 of Mudhol Police Station for offences punishable under Sections 115(2), 118(2), 109(1), 352, 351(3) and 3(5) of BNS Act, subject to following conditions: a) Petitioners no.3 and 4 shall individually appear before Investigating Officer within 15 days from date of this order and execute personal bonds for sum of Rs.50,000/- with two sureties for likesum. b) They shall appear before Investigating Officer for purpose of investigation as and when required and co-operate with investigation. c) They shall appear before Investigating Officer at between 9:00 am to 2:00 pm on every - 7 - NC: 2025:KHC-D:821 CRL.P No. 103598 of 2024 alternative Sunday, until completion of investigation/filing of Charge-Sheet. d) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. e) They shall not leave jurisdiction of Bagalkote District without prior permission, until completion of trial. f) They shall not indulge in any criminal activities. g) They shall forthwith inform any change of their residence to Investigating Officer. SD/- (RAVI V.HOSMANI) JUDGE RH/EM CT:PA LIST NO.: 1 SL NO.: 13