- 1 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11807 OF 2025 BETWEEN: 1. SRI. MADHU M. S/O. MALLESHAPPA P.T., AGED ABOUT 24 YEARS, OCCUPATION: COOLIE, 2. SRI. KUMAR P.R., S/O. RAMESH P.E., AGED ABOUT 20 YEARS, OCCUPATION: COOLIE, 3. SRI. RAJU, S/O. RAMAPPA, AGED ABOUT 40 YEARS, OCCUPATION: COOLIE, 4. SRI. HARISH S. S/O. LATE SHEKHARAPPA R., AGED ABOUT 40 YEARS, OCCUPATION: COOLIE, 5. SRI. RAVEESHA P.K. S/O. KARIYAPPA B.K., AGED ABOUT 44 YEARS, OCCUPATION: COOLIE, 6. SRI. MALLESHAPPA P.T. S/O. THIMMAPPA, AGED ABOUT 60 YEARS, OCCUPATION: COOLIE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 7. SRI. RAJAPPA S/O. RUDRAPPA P.K., AGED ABOUT 48 YEARS, OCCUPATION: COOLIE, 8. SRI. VARUNA S/O. VENKATESHA, AGED ABOUT 30 YEARS, OCCUPATION: COOLIE, ALL ARE R/AT ATHIGUNDA, BHADRAVATHI TALUK, BHADRAVATHI-577 301. …PETITIONERS (BY SRI. M.S. SHYAM SUNDAR, SR. COUNSEL FOR SMT. VANDANA P.L., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RURAL POLICE STATION BHADRAVATHI, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. MANJUNATHA S/O BAIRAPPA, MAJOR, R/AT: ATTIGUNDA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577 301. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; SRI. H. SIDDESH, ADVOCATE FOR DEFACTO COMPLAINANT AS R2) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE - 3 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION CRIME NO.81/2025 AND CR NO.69/2025 OF RURAL BHADRAVATHI POLICE STATION, REGISTERED AS SPLIT IN C.C.NO.439/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 189(4), 191(1), 191(2), 191(3), 352, 118(1), 109, 351(2) AND 190 OF BNSS 2023 PENDING ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are before this Court in this petition preferred under Section 482 of BNSS, 2023 seeking anticipatory bail in connection with a case registered at Bhadravathi Rural Police Station, Shivamogga, in Cr.No.81/2025, for the offence punishable under Section 189(2), 189(4), 191(1), 191(2), 191(3), 352, 118(1), 109, 351(2) and 190 of BNS, 2023. 2. Heard the learned Senior counsel appearing for petitioners, the learned High Court Government Pleader for respondent No.1-State and the learned counsel - 4 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 appearing for respondent No.2-defacto complainant. Perused the material on record. 3. Complaint is lodged by one Manjunatha S/o Bairappa, in respect of an incident which took place on 23.4.2025 at about 11.00-11.30 a.m. in the premises of Antharaghattamma Temple, Attigunda village, Bhadravathi Taluk, Shivamogga, on the basis of which aforementioned case is registered against the petitioners/accused Nos.1 to 8. 4. From the complaint averments, it is seen that, village fair was held between 7.4.2025 and 12.4.2025 in respect of the village deity goddess Antharaghattamma. On 23.4.2025, at around 11.00 a.m., the village leaders and other villagers had gathered inside the temple to discuss about the expenses incurred in the fair. At that time, some issue was raised which resulted in a fight wherein, the accused/petitioners are alleged to have assaulted the complainant and four others and caused injuries to them. - 5 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 5. It is contended by the learned Senior counsel that even some of the petitioners have sustained injures in the very same incident, which has been suppressed by the complainant. He contended that a case has been registered against the complainant and others and they are granted bail. He has furnished a copy of the FIR in Crime No.82/2025. He contended that the injuries allegedly sustained by the injured in this case are simple in nature as per wound certificates, petitioners have no criminal antecedents and therefore, the relief sought by them may be granted. 6. Prayer for anticipatory bail was vehemently opposed by the learned High Court Government Pleader and the learned counsel appearing for the defacto complainant. They contended that the accused were armed with weapons like wooden clubs, knives and iron rods at the time of incident which shows that they were well prepared and with a common object came to the spot armed with such deadly weapons and brutally assaulted - 6 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 the complainant and others, with an intention to take away their lives. They contended, if petitioners are enlarged on bail, there is threat to the complainant and other injured persons. Therefore, sought to reject the petition. 7. A careful perusal of the complaint averments goes to show that the incident took place on 23.4.2025 at about 11.00-11.30 a.m., when the village head and other villagers had assembled at the temple premises to discuss about the expenses incurred in the village fair. It is alleged, when they were discussing, all of a sudden the petitioners started assaulting the complainant and others with the weapons they were carrying with an intention to commit murder. 8. It was vehemently contended by the learned counsel appearing for the defacto complainant that the injuries are much graver than what has been mentioned in the wound certificates, which indicate the intention of the petitioners. However, as per wound certificates issued in - 7 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 respect of the injured, injuries sustained by them are simple in nature. That itself, though not a ground to enlarge the petitioners on anticipatory bail, but undisputedly, there is a counter case registered against the complainant and five others in Cr.No.82/2025 for the offence punishable under Section 352, 115(2), 118(1) and 190 of BNS in respect of the very same incident. The said complaint is lodged by one of the accused in this case by name Rajappa, who is also an injured. Apart from him, accused Nos.1 and 5 are also alleged to have sustained certain injuries. Hence, it appears that both the parties have indulged in a fight, resulting in persons on both side suffering injuries. 9. Petitioners have no criminal antecedents. Considering the facts and circumstances, the relief sought by them can be granted, imposing conditions. Hence, the following: ORDER 1. Petition is allowed. - 8 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 2. Petitioners/accused Nos.1 to 8 in Crime No.81/2025 registered by Bhadravathi Rural Police Station, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. - 9 - HC-KAR NC: 2025:KHC:34121 CRL.P No. 11807 of 2025 f) They shall mark their attendance at the jurisdictional Police Station, on every Sunday between 11.00 am to 1.00 pm till conclusion of the investigation. g) They shall not indulge in committing any offence. If any of the above condition is violated, prosecution or the complainant are at liberty to file application for cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 48