- 1 - NC: 2025:KHC-D:501 CRL.P No. 103863 of 2024 C/W CRL.P No. 103846 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103863 OF 2024 (439(Cr.PC)/483(BNSS)) C/W CRIMINAL PETITION NO. 103846 OF 2024 IN CRL.P.NO.103863 OF 2024: BETWEEN: SMT. KAVITA W/O. YAMANAPPA BHAJANTRI AGE. 33 YEARS, OCC. HOUSEHOLD WORK, R/O. KOKATANUR TQ. ATHANI, DIST. BELAGAVI-591173. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: STATE OF KARNATAKA THROUGH P.I. ATHANI P.S., BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDINGS, DHARWAD BENCH DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED NO.12 MAY BE ENLARGED ON BAIL IN CONNECTION WITH ATHANI POLICE STATION, CRIME NO.380/2024 OFFENCES PUNISHABLE U/S 109, 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2) AND 352 OF BNSS ACT. IN CRL.P.NO.103846 OF 2024: BETWEEN: SHRI. ANAND S/O. RAMU MALI AGE. 24 YEARS, OCC. AGRICULTURE, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:35 +0530 - 2 - NC: 2025:KHC-D:501 CRL.P No. 103863 of 2024 C/W CRL.P No. 103846 of 2024 R/O. NEAR NEW SWAMI COLLECTION STORE, ATHANI, TAL/DIST. BELAGAVI-591304. …PETITIONER (BY SRI. ROHIT N. LATUR, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE PSI ATHANI P.S., TQ/DIST: BELAGAVI-591304, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED NO.13 MAY BE ENLARGED ON BAIL IN CONNECTION WITH ATHANI POLICE STATION, CRIME NO.380/2024 OFFENCES PUNISHABLE U/S 109, 115(2), 118(1), 118(2), 189(2), 190, 191(2), 191(3), 351(2) AND 352 OF BNSS ACT PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC ATHANI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard Learned counsel for the parties. 2. The petitioners/accused Nos. 12 and 13, who are facing investigation for offences punishable under Sections 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2), and 352 of the BNS 2023, are before this Court seeking enlargement on regular bail. - 3 - NC: 2025:KHC-D:501 CRL.P No. 103863 of 2024 C/W CRL.P No. 103846 of 2024 3. The prosecution’s case is that when the complainant and his family members stepped out of their house, the petitioners and others arrived and threw chilly powder into the complainant’s eyes. They then entered the complainant’s house with sickles and talwars, intending to kill the complainant’s sons, Sudheer and Vajramuni. They assaulted them with sickles on their stomachs and hands, and also assaulted the complainant’s husband with a sickle. Additionally, one Anand was attacked on his head with an axe, resulting in grievous injuries and life threats to the victims. The injured persons received treatment at the Government Hospital, Athani, and continued treatment at Miraj Hospital. 4. Accused No. 13 was not initially named in the FIR. However, after 20 days from the date of the incident, his name appeared in the remand application. Accused No. 12, a woman, has no specific overt act attributed to her in the FIR filed by the complainant. The petitioners have been in judicial custody since 23.11.2024, and the injured victims, who sustained grievous injuries, have been discharged from the hospital. The offence under Section 109 of BNS 2023 carries a punishment of a minimum of 10 years, extendable to life imprisonment. There has been no recovery of any weapons used in the commission of the crime from the petitioners. Given these circumstances, the petitioners have made a prima facie case for being granted regular bail. 5. Accordingly, the petitions are allowed. The petitioners/accused Nos.12 and 13 are enlarged on bail in Crime - 4 - NC: 2025:KHC-D:501 CRL.P No. 103863 of 2024 C/W CRL.P No. 103846 of 2024 No.380/2024, registered by Athani Police Station, for the offences punishable under Sections 109, 115(2), 118(1 & 2), 189(2), 190, 191(2 & 3), 351(2) & 352 of BNS 2023, subject to the following conditions: (a) Petitioners/accused No.12 & 13 shall furnish their personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. (b) They shall appear before the Court as and when required. (c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. (d) They shall not get involved in similar offences. (e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR/ Ct:vh List No.: 2 Sl No.: 7