- 1 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13997 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION No. 14248 OF 2025 IN CRL.P No. 13997/2025 BETWEEN: 1. BASAVARAJU S/O LATE THAMMEGOWDA AGED ABOUT 60 YEARS 2. PREMAMMA W/O BASAVARAJU AGED ABOUT 55 YEARS 3. SHIVU S/O BASAVARAJU AGED ABOUT 24 YEARS. 4. VENKATESHA S/O LATE A V KRISHNEGOWDA AGED ABOUT 55 YEARS PETITIONERS No.1 TO 4 ARE R/AT CHANNAKESHAVAPURA VILLAGE HARANAHALLI HOBLI PERIYAPATNA TALUK. …PETITIONERS (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY BYLUKUPPE POLICE STATION PERIYAPATNA TALUK MYSURU DISTRICT – 571 107. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.No.171/2025 REGISTERED BY THE RESPONDENT POLICE ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT PERIYAPATNA MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 118(1),115(2),109,189(2) READ WITH 190 OF THE BNS 2023. IN CRL.P NO. 14248/2025 BETWEEN: 1. PUTTARAJU AGED ABOUT 48 YEARS S/O APPANNEGOWDA R/AT CHANNAKESHAVAPURA VILLAGE HARANAHALLI HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571 107. 2. KRISHNEGOWDA, AGED ABOUT 55 YEARS S/O APPANNEGOWDA. PETITIONERS No.1 AND 2 ARE R/AT CHANNAKESHAVAPURA VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107. ...PETITIONERS (BY SRI. P NATARAJU, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 AND: 1. STATE OF KARNATAKA BY BYLAKUPPE POLICE STATION PERIYAPATNA TALUK MYSURU DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE THEM ON BAIL IN CR.No.171/2025 REGISTERED BY BYLAKUPPE P.S., MYSURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 118(1),115(2),109,189(2) READ WITH SECTION 190 OF BNS, 2023. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Criminal Petition No.13997/2025 is filed by accused Nos. 1 to 4 under Section 482 of BNS praying grant anticipatory bail and Criminal Petition No.14248/2025 is filed by accused Nos.7 and 8 under Section 483 of BNS praying to grant bail in respect of Crime No.171/2025 of - 4 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 Bylakuppe Police Station registered for offences punishable under Sections 118(1), 115(2), 109, 189 (2) read with Section 190 of BNS, 2023. 2. Heard learned counsels for petitioners in both petitions and learned High Court Government Pleader for the respondent –State. 3. Learned counsels for petitioners in both petitions would contend that there is a civil dispute pending between the father of the first informant and the petitioners in O.S. No.173/2020, wherein temporary injunction sought by the father of the first informant has been rejected and held that the accused persons are in possession of the disputed land and the said order is dated 23.01.2023. As the said order went against the father of the first informant, in order to wreak vengeance, they entered the disputed property which is in possession of the accused persons, assaulted the accused persons, caused injuries. In the said quarrel, the accused persons, first informant and others have also sustained injuries. The - 5 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 complaint filed by accused No.7 is registered in Crime No.170/2025 and it is registered on 24.08.2025 at 10.30 p.m. Subsequent to that counter complaint has been filed by one Ravi son of Annegowda at 11.05p.m., on the same day. As there is a case and counter case, who is the aggressor has to be decided after investigation and in trial. The injured Satish Manju and Somashekhar have been discharged and there is no danger to their life. The petitioners are ready to co-operate with the police in investigation and abide by terms and conditions to be imposed by this court. As the accused Nos. 7 and 8 are in judicial custody, they are not required for further custodial interrogation. With this, they prayed allow the petitions. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that due to the assault made by the accused persons, Sathisha has sustained head injury. Petitioners have used bamboo stick and chopper to assault the injured. The investigation is in progress. The accused no. 1 to 4 are absconding and they - 6 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 are required for custodial interrogation and recovery of chopper. If the petitioners are granted anticipatory bail/bail, they will hamper the investigation and tamper the prosecution witnesses. With this, she prayed for rejection of the petition. 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. Accused No.7 has filed complaint at 10.30 p.m. on 24.08.2025 and it is registered in Crime No.170/2025 against the first informant and others. One Ravi has filed complaint at 11.05 p.m. on 24.08.2025 and it is registered in Crime No.171/2025. Both complaints are filed in respect of the incident taken place at 02.15 p.m. on 24.08.2025. Therefore, there is a case and counter case. The accused persons as well as first informant and others have sustained injuries in the said incident. Who is the aggressor is required to be ascertained after investigation and at trial. The injured have been discharged from the - 7 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 hospital and there is no danger to their life. There are no criminal antecedents of petitioners. The petitioners have undertaken to co-operate with the investigation and abide by any terms and conditions to be imposed by this Court. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail/bail subject to conditions. 7. In the result, the following ORDER i) Both petitions are allowed. ii) Petitioners/accused Nos.1 to 4 in Criminal Petition No.13997/2025 are granted anticipatory bail and petitioners/accused Nos.7 and 8 in Criminal Petition No.14248/2025 are granted bail in Crime No.171/2025 of Bylakuppe Police Station subject to following conditions; a) Petitioners/accused Nos. 1 to 4, 7 and 8 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for like - 8 - HC-KAR NC: 2025:KHC:45243 CRL.P No. 13997 of 2025 C/W CRL.P No. 14248 of 2025 sum to the satisfaction of Investigating Officer /jurisdictional Court. b) Petitioners- accused Nos.1 to 4 shall voluntarily appear before the Investing Officer within 10 days from this day and execute bail bonds and furnish surety. c) Petitioners/accused Nos.1 to 4, 7 and 8 shall not tamper with the prosecution witnesses either directly or indirectly. d) Petitioners/accused Nos.1 to 4, 7 and 8 shall cooperate with the police in the investigation. e) Petitioners/accused Nos.1 to 4, 7 and 8 shall appear before the Investigating Officer whenever called for. f) Petitioners/accused Nos.1 to 4, 7 and 8 shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the cases. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16 Ct.sm