- 1 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO. 103665 OF 2024 (438(CR.PC)/482(BNSS)) BETWEEN: 1. HANMANT S/O. ARJUN SUNAGAR, AGE: 45 YEARS, OCC. COOLIE. 2. SMT. BANDAVVA W/O. BALAPPA TALAWAR, AGE: 48 YEARS, OCC. HOUSEWIFE. 3. IRANNA S/O. BALAPPA TALAWAR, AGE: 28 YEARS, OCC. AGRICULTURE, ALL ARE R/O. MAGALKHOD-587313, TQ. MUDHOL, DIST. BAGALKOTE. … PETITIONERS (BY SRI NL BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI MUDHOL P.S., TQ. MUDHOL, DIST. BAGALKOTE, REP. BY SPP HIGH COURT BUILDING DHARWAD. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO ORDER TO ENLARGE THE PETITIONERS / ACCUSED NO.1 TO 3 ON BAIL IN THE EVENT OF THEIR ARREST IN MUDHOL P.S. CRIME NO.273/2024 FOR THE ALLEGED OFFENCES U/S 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109(1), 76, 49, 352, 351(3), 190 OF THE BNSS 2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDHOL BY ALLOWING THIS CRIMINAL PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.10 11:23:23 +0530 - 2 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER This petition is filed by accused no.1 to 3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of anticipatory bail in Crime no.273/2024 of Mudhol Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109(1), 76, 49, 352, 351(3), 190 of BNSS. 2. Sri NL Batakurki, learned counsel for petitioners submitted petitioner no.3 - Iranna Talawar had on 28.09.2024 at 8.30 p.m. filed complaint, alleging when after death of his father, he and his mother were residing with her brother Hanamant at Mugalkhed village, Shankar Channappa Mali was their neighbor residing with his son Satyappa, wife Sanyawwa and daughter Ratnawwa. And further that during previous year, Satyappa had taken sum of Rs.1,00,000/- from Hanamant by promising to cut sugarcane in his field. Though he had cut sugarcane from one season, on verification, it was found he was entitled for only Rs.50,000/- and balance amount was in excess. - 3 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 3. It was further stated when return of balance was demanded, Satyappa had sought to postpone repayment. However, he repaid on advise of elders. Due to above, Satyappa had developed ill-will and quarreled with petitioner on any pretext. On evening of 27.09.2024, when Samarth aged 12 years, son of Hanamant was playing in front of their house, Satyappa and his family members picked quarrel on ground that Samarth was peeking into their house. On intervention, quarrel subsided. On next day at 8.00 a.m. when Hanamant was speaking to his sister Mahadevi over phone, by assuming that he was abusing them, Satyappa and his family members assembled in front of complainant’s house and began hurling abuses. 4. Even while they were tried to be pacified by explaining that Hanamant was speaking over phone, Ratnawwa and her mother Sanyawwa threw chilly powder on petitioner no.3, while Satyappa Mali tried to kill him by hitting him with Axe on his head. When petitioner no.3 was crying in pain, he hit him again with Axe handle. And when Hanamant tried to intervene, he was assaulted on his back, by Shankar with stones wrapped in towel. Thereafter villagers intervene and - 4 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 saved petitioners when Satyappa threatened to finish them by showing Axe in his hand. Said complaint was registered as Crime no.271/2024 by Mudhol Police Station for offences under Sections 115(2), 118(2), 109(1), 352, 351(3), 3(5) of BNSS and investigation was in progress. 5. However, as a counterblast to above complaint, Ratnawwa Mali filed complaint on next day i.e. 29.09.2024 at 6:45 p.m. alleging that accused no.1 had constituted a Gang (for cutting sugarcane) including her brother Satyappa as one of laborers, whereunder Satyappa had received Rs.1,00,000/- from accused no.1 as advance amount and worked for one season and stopped. As calculation of his dues was only Rs.50,000/-, he demanded remaining excess amount. But when Satyappa told him that same would be repaid next season, he had sought intervention of elders and due to which same was paid. Since then, family members of Satyappa began picking quarrel. When Arun son of Hanamant threw stones in front of complainant’s house, Satyappa and others began abusing in filthy language. They alleged petitioners pulled Ratnawwa’s clothes and assaulted her and family members inflicting injuries and also gave life threat. Said complaint was registered as - 5 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 Crime no.273/2024 for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109(1), 76, 49, 352, 351(3) and 190 of BNSS. 6. It was submitted petitioners were law abiding citizens but apprehended arrest on said false and frivolous complaint which was filed only as counter blast and as abuse of law by deliberately alleging attempt to murder which was a non-bailable offence. Hence, there was imminent possibility of their arrest. It was submitted petitioners do not have any criminal antecedents and have high esteem in eyes of public, and if they were arrested, they would suffer loss of reputation. Therefore, petitioners prayed for grant of anticipatory bail by imposing any conditions which they would abide. 7. Sri Jairam Siddi, learned HCGP however, opposed petition. It was submitted petitioners were alleged to have committed heinous offence of attempt to murder. Complaint averments contained specific overt acts constituting offences alleged. Medical examination report of Shankar Mali reveals that he had suffered grievous injuries. It was further submitted that investigation was in progress and if petitioners are granted - 6 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 bail, there was a likelihood of fleeing from justice and hampering investigation. On said ground sought for rejection. 8. Heard learned counsel and perused material on record. 9. From above, point that arises for consideration is: “Whether petitioners are entitled for anticipatory bail with conditions?” 10. Same is answered in affirmative for following reasons. 11. From above, it is seen petitioners substantiated their apprehension of likelihood of arrest in pursuance of Crime no.273/2024 of Mudhol Police Station for offences including non-bailable namely Sections 49, 76, 109(1), 118 and 190 of BNSS. 12. Admittedly, Crime no.273/2024 was registered against petitioners on 29.09.2024 at 6.45 p.m. i.e., nearly 22 hours after registration of Crime no.271/2024 filed by petitioners on 28.09.2024 at 8.30 p.m. They are case and counter case between two families and apparently stemming - 7 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 from financial transactions. Though several of offences alleged are non-bailable, none of them are punishable with life imprisonment or death. Though investigation is pending, there is possibility of exaggeration. Prosecution has not alleged criminal antecedents against petitioners. They are agriculturist holding immovable properties and unlikely to fleeing justice. Therefore petitioners could be granted bail on conditions. 13. Hence, following: ORDER Petition is allowed. Petitioners/accused shall be enlarged on bail, in case of arrest in Crime no.273/2024 of Mudhol Police Station for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109(1), 76, 49, 352, 351(3), 190 of BNSS, subject to following conditions: a) Each of petitioners 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. - 8 - NC: 2025:KHC-D:236 CRL.P No. 103665 of 2024 c) They shall appear before Investigating Officer at 11:00 a.m. on every alternative Saturday, 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