- 1 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103615 OF 2025 C/W CRIMINAL PETITION NO.103620 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO.103615 OF 2025: BETWEEN: ANJANEYA @ ANJANEPPA S/O YANKAPPA @ SANNA YANKAPPA, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. UPPAR ONI, KARATAGI, TQ. KARATAGI, DIST. KOPPAL-583 229. … PETITIONER (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, KARATAGI PS, DIST. KOPPAL, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AG OFFICE, DHARWAD-580 001. … 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 DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN KARATAGI PS CRIME NO.222/2025 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT AT GANGAVATI FOR THE OFFENCES RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 PUNISHABLE UNDER SECTIONS 126(2), 115(2), 109, 352, 351(2) R/W SECTION 3(5) OF BNS 2023, IN THE INTEREST OF JUSTICE. IN CRL.P. NO.103620 OF 2025: BETWEEN: NAGARAJ S/O YANKAPPA @ SANNA YANKAPPA, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. UPPAR ONI, KARATAGI, TQ. KARATAGI, DIST. KOPPAL-583 229. … PETITIONER (BY SMT. VIDYAVATI M. KOTTUR SHETTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, KARATAGI PS, DIST. KOPPAL, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AG OFFICE, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 482 OF BNSS 2023), PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN KARATAGI PS CRIME NO.222/2025 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, GANGAVATI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 115(2), 109, 352, 351(2) R/W SECTION 3(5) OF BNSS 2023, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.222 of 2025 registered by Karatagi Police Station, Koppal, for offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) read with Section 3(5) of BNS 2023, are before this Court in these two petitions filed under Sections 483 and 482 of BNSS 2023, seeking regular bail and anticipatory bail respectively. 2. Heard learned counsel for the parties. 3. FIR in Crime No.222 of 2025 was registered by Karatagi Police Station, Koppal, for the aforesaid offences against the petitioners herein based on the first information dated 08.08.2025 received from Ayyappa, who is the injured victim in the present case. During the course of investigation, accused No.1 was arrested on 08.08.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.194 of 2025 was rejected on 21.08.2025. - 4 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 Therefore he is before this Court in Criminal Petition No.103615 of 2025. 4. Apprehending arrest in the said case, accused No.2 had filed Criminal Misc.No.195 of 2025 before the Jurisdictional Sessions Court which was rejected on 21.08.2025. Therefore he is before this Court seeking anticipatory bail in Criminal Petition No.103620 of 2025. 5. In the first information, which is submitted on 08.08.2025, at about 12.10 p.m., the first informant, who is the injured victim has stated that on 08.08.2025 at about 05.40 a.m. when the first informant was walking, accused Nos.1 and 2, who intercepted him, abused him for the reason that he had participated in a panchayat which was held relating to their property and thereafter assaulted him. Allegation of assaulting the injured victim with a wooden club is found as against accused No.1. There is no specific allegation as against Accused No.2 about he assaulting the injured victim. The victim who had gone to the hospital to - 5 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 take treatment, had thereafter approached the police in person on the very same day at about 12.10 p.m. and therefore, it is apparent that he has not suffered any grievous injury in the incident in question. Even otherwise, the offence punishable under Section 115(2) of BNS 2023 has been invoked in the present case and the same suggests that the victim has suffered only simple injury in the incident in question. 6. Considering the aforesaid aspects of the matter, I am of the opinion that accused Nos.1 and 2 have made out a case for grant of regular bail and anticipatory bail respectively. Accordingly, the following: ORDER a. Criminal Petitions are allowed. b. The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.222 of 2025 registered by Karatagi Police Station, Koppal, for offences punishable under Sections 126(2), - 6 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 115(2), 109, 352, 351(2) read with Section 3(5) of BNS 2023, subject to the following conditions: 1. The petitioner/accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; 2. The petitioner/accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner/accused No.1 shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 5. The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his in Crime No.222 of 2025 registered by Karatagi Police Station, Koppal, for offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) read with Section 3(5) of BNS 2023, subject to the following conditions: i. The petitioner/accused No.2 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer; - 8 - HC-KAR NC: 2025:KHC-D:12007 CRL.P No. 103615 of 2025 C/W CRL.P No. 103620 OF 2025 ii. The petitioner/accused No.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; iii. The petitioner/accused No.2 shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon. iv. The petitioner/accused No.2 shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 28