- 1 - HC-KAR NC: 2025:KHC-D:11771 CRL.P No. 103526 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103526 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: 1. SURESHA S/O NANBJAPPA @ NANJUNDAPPA, AGE. 37 YEARS, OCC. AGRICULTURIST, R/O. HUNASIHALLI VILLAGE, HARAPANAHALLI, VIJAYANAGARA (DIST), PIN CODE-583 131. 2. HANUMANTHAPPA S/O KAVALAPPA, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. HUNASIHALLI VILLAGE, TQ. HARAPANAHALLI, VIJAYANAGARA, PIN CODE-583 131. … PETITIONERS (BY SRI. BASAVANA GOUD T., ADVOCATE) AND: THE STATE OF KARNATAKA, BY THE POLICE SUB INSPECTOR, CHIGATERI POLICE STATION, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, PIN CODE-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO GRANT A REGULAR BAIL TO THE PETITIONERS HEREIN WHO ARE THE ACCUSED NO.4 AND 5 RESPECTIVELY IN CRIME NO.42/2025, REGISTERED BY CHIGATERI POLICE STATION HARAPANAHALLI, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) R/W SECTION 190 OF BNS 2023, PENDING BEFORE THE SR. CIVIL JUDGE AND JMFC, HARAPPANAHALLI, WHICH WOULD MEET THE ENDS OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11771 CRL.P No. 103526 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.4 and 5 in Crime No.42 of 2025 registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District for the offences punishable under Sections 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of the BNS, 2023, are before this Court in this petition filed under Section 482 of the BNS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.42 of 2025 was registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District against Karibasappa and four others based on the first information dated 01.07.2025 received from the injured-victim, T.Chandrappa. During the course of investigation, the petitioners herein, who are arrayed as accused Nos.4 and 5 in the FIR were arrested on - 3 - HC-KAR NC: 2025:KHC-D:11771 CRL.P No. 103526 of 2025 03.07.2025 and remanded to judicial custody. Their bail application filed before the Jurisdictional Sessions Court in Crl. Misc. No.5448 of 2025 was rejected on 20.08.2025, therefore, there before this Court. 4. Perusal of the material on record would go to show that about two months prior to the alleged date of incident on 30.06.2025, there was a quarrel between the first informant and the accused persons. On 30.06.2025, the accused persons, who had a vengeance against the first informant because of the quarrel that had taken place between them earlier, allegedly abused and assaulted him and as a result he had suffered injuries. The allegation of assaulting the injured-victim with stones is found against accused Nos.1 and 2, accused No.3 allegedly had assaulted the victim with his hands and accused Nos.4 and 5 had allegedly kicked the victim, when he fell down. Undisputedly, the petitioners herein do not have any criminal antecedents. The grievous injuries suffered by the victim appear to be as a result of assault made by accused - 4 - HC-KAR NC: 2025:KHC-D:11771 CRL.P No. 103526 of 2025 Nos.1 and 2 with stones. The investigation of the case is completed and charge sheet is already filed. Accused Nos.1 to 3 are already arrested in the present case. Under the circumstances, I am of the opinion that, the prayer made by the petitioners herein is required to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.42 of 2025 registered by Chigateri Police Station, Harapanahalli Circle, Vijayanagara District for the offences punishable under Sections 189(2), 191(2), 115(2), 118(1), 109, 352, 351(2) read with Section 190 of the BNS, 2023, subject to the following conditions: (i) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the jurisdictional Court; (ii) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 5 - HC-KAR NC: 2025:KHC-D:11771 CRL.P No. 103526 of 2025 (iii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioners shall not involve in similar offences in future; (v) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 29