- 1 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103830 OF 2024 [438(CR.PC)/482(BNSS)] BETWEEN: AJJAYYA S/O. KARIBASAVANAGOUDA, AGE: 24 YEARS, OCC. STUDENT, R/O. WARD NO.1, NEAR SHARANABASAVESHWARA TEMPLE, VTC KARATAGI, TQ. KARATAGI, DIST. KOPPAL-583229. … PETITIONER (BY SRI SAURABH A.SONDUR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KARATAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 482 OF BNSS, SEEKING TO ALLOW THE PRESENT PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN KARATAGI POLICE STATION CRIME NO.277/2024, REGISTERED FOR THE OFFENCES PUNISHABLE U/S.115(2), 109, 351(2), 352 AND 3(5) OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.07 14:21:40 +0530 - 2 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition for anticipatory bail is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in Crime no.277/2024 registered by Karatagi Police Station, for offences punishable under Sections 115 (2), 109, 351 (2), 352 and 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) by accused no.1 (petitioner). 2. Sri Saurabh A.Sondur, learned counsel appearing for petitioner submitted, petitioner was student studying MBBS at Raichur Institute of Medical Sciences. Though he had not committed any offences, he was being falsely implicated. It was submitted, a complaint was filed by Smt.Umamaheshwari against Amaresh Policepatil, Sharanappa Malipatil and Prakash Malipatil of Karatagi in respect of incident that occurred on 22.09.2024 at 11:10 a.m., and registered as Crime no.244/2024 on 02.10.2024 at 6.30 p.m., for offences punishable under Sections 329 (4), 115 (2), 74, 352, 351 (2) r/w 3 (5) of BNS. And present - 3 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 complaint was an apparent counterblast to same, filed by a nephew of accused no.1 in Crime no.244/2024. 3. Even as per said complaint only overt acts insofar as petitioner is concerned, were that he abused complainant and assaulted him with sickle on his head causing to grievous injury. But, Medical Examination Reports would not indicate any such grievous injury and complainant was infact discharged within two days. Therefore, registration of Crime no.277/2024 against petitioner for offences punishable under Sections 115 (2), 109, 351 (2), 352 and 3 (5) of BNS was without any basis, only to ensure that petitioner is arrested and suffers loss of reputation. It was also submitted, complaint would indicate existence of civil dispute and apart from same, accused no.2 and 4 were granted bail in Crl.Misc.no.230/2024 by Addl. District and Sessions Judge, Koppal (sitting at Gangavati) by order dated 13.11.2024. In view of above, counsel sought for allowing bail petition. 4. Sri Jairam Siddi, learned HCGP for respondent-State sought to oppose petition. At outset it was submitted, investigation was not yet completed and therefore, petition for - 4 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 anticipatory bail would not be tenable. It was further submitted, petitioner’s contentions that it was case and counter-case between two groups would not be justified as Crime no.244/2024 was in respect of totally different incident that occurred on 22.09.2024 whereas present complaint is in respect of incident that occurred on 04.11.2024. It was submitted, offences alleged against accused were serious and grave and Section 109 of BNS carries maximum sentence of imprisonment up to 10 years. It is submitted, specific overt act against petitioner was that he abused complainant, picked up quarrel and thereafter assaulted him with sickle on his head inflicting grievous injury. It was submitted, during course of investigation, weapon was recovered and moreover, injured victim himself along with another Dalali Hanumanthappa were eyewitnesses. It was submitted, though medical records would indicate discharge within two days, injuries suffered were noted. On above grounds, sought for rejection of petition. 5. Heard learned counsel. 6. From above, point that arises for consideration is: - 5 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 “Whether petitioner is entitled for anticipatory bail with conditions?” 7. At outset, petitioner’s apprehension of imminent arrest is fueled by registration of Crime no.277/2024 by Karatagi Police against petitioner as accused no.1 for non-bailable offences. Glance at offences alleged include attempt to murder under Section 109 of BNS would indicate that they are serious and grave. Even complaint would refer to specific overt act against petitioner assaulting complainant with sickle on his head. But discharge summary copies which were made available by learned HCGP would indicate that victim was admitted for treatment on 04.11.2024 and discharged on 06.11.2024 and no fractures were noted. Even though prosecution has expressed concerns about investigation being pending, fact that petitioner is studying MBBS course at Raichur same could be met by imposing appropriate conditions. That apart accused no.2 and 4 are already on bail. Hence, point for consideration is answered in affirmative. Thus, following: - 6 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 ORDER Petition is allowed. Petitioner/accused no.1 shall be enlarged on bail, in case of arrest in Crime no.277/2024 of Karatagi Police Station for offences punishable under Sections 115 (2), 109, 351 (2), 352 and 3 (5) of BNS, subject to following conditions: a) Petitioner/accused no.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for likesum. b) He shall not tamper with prosecution witnesses nor threaten complainant and his family members in any manner nor shall destroy prosecution evidence in any manner during trial. c) He shall be present before Investigating Officer as and when required. d) He shall not indulge in any activities to constitute similar offences. e) He shall mark his attendance in concerned Police Station in between 10:00 a.m., to 4:00 p.m., on every Sunday falling in first week of every month till filing of charge-sheet. - 7 - NC: 2025:KHC-D:2208 CRL.P No. 103830 of 2024 f) He shall not leave Raichur District without prior permission till filing of charge-sheet. g) He shall be regular n attending trial. SD/- (RAVI V.HOSMANI) JUDGE CLK/RH CT:PA LIST NO.: 1 SL NO.: 10