- 1 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14353 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MANJUNATH @ MANJUNATHA @ MANJUNATHA SON OF ANJAPPA @ AJAPPA AGED 50 YEARS. 2. RAVI KIRAN.H.S @ RAVI KIRAN SON OF SIDDAIAH AGED 33 YEARS. 3. MADHU.H.S @ MADHU SON OF SIDDAIAH AGED 30 YEARS. 4. LAKSHMIKANTHA.H.M, LAKSHMIKANTHA @ KANTHA SON OF MANJUNATH AGED 27 YEARS. 5. PRASAD KUMAR.H.C @ GURU SON OF CHANDRAIAH AGED 28 YEARS. 6. RAKESHA.H.M @ RAKHESH @ RAKI SON OF LATE MAYA NARASAIAH AGED 27 YEARS. PETITIONER No.1 TO 6 ARE R/AT HETHENAHALLI VILLAGE GULURU POST, GULURU HOBLI TUMAKURU TALUK AND DISTRICT – 572 118. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 7. MARUTHI.H.S @ BILE MARUTHI SON OF SIDDAPPA AGED 21 YEARS. R/AT HETHENAHALLI VILLAGE, KAMBATHANAHALLI GULURU POST, GULURU HOBLI TUMAKURU TALUK AND DISTRICT – 572 118. 8. MARUTHI G @ KARE MARUTHI S/O GANGANARAIAH AGED ABOUT 25 YEARS R/AT A.K.COLONY, PUTTASANDRA PATHAGANAHLLI VILLAGE, KORTAGERE TALUK, TUMAKURU DISTRICT – 572 129. 9. DARSHAN.N, SON OF NAGARAJU AGED ABOUT 23 YEARS. R/AT SWANDENAHALLI POST, A.K. COLONY, SATHYAMANGALA, TUMAKURU DISTRICT – 572 104. 10. SUDEEP.H.K @ SUDEEP SON OF KUMAR, AGED ABOUT 23 YEARS. 11. 12. BHUVANA H M 2 BHUVAN DAUGHTER FO MANJULA AND MANJUNATH AGED ABOUT 20 YEARS MANJULA MAJAMMA WIFE OF MANJUNATHA AGED 43 YEARS. 13. MARUTHI.H.N @ MANU SON OF NARASIMHAMURTHY AGED 22 YEARS. - 3 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 13. SUNIL.H.R SON OF RAMAIAH.H.M @ RAMESHA AGED 23 YEARS. PETIONER No.10 TO 14 ARE R/AT HETHENAHALLI VILLAGE GULURU POST, GULURU HOBLI TUMAKURU TALUK. HOBLI, TUMAKURU TALUK. 14. NAGARAJU SON OF HANUMANARASAYYA @ HANUMANARASAIAH AGED 45 YEARS, R/AT A.K.COLONY SWANDENAHALLI POST, SATHYAMANGALA TUMAKURU TALUK AND DISTRICT . …PETITIONERS (BY SRI. CHIDAMBHAR SWAROOP T.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY TUMAKURU RURAL P.S. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001). …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST, TO THE ABOVE-MENTIONED PETITIONERS REGISTERED IN CR.No.234/2025 OF TUMAKURU RURLA P.S. BEFORE THE I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC TUMAKURU FOR THE OFFENCES UNDER SECTION 115(2), 118, 109, 329(4), 189(2), 191(2) AND 190 OF BNS. - 4 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioners –accused Nos.1 to 9 and 11 to 16 under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.234/2025 of Tumkuru Rural Police Station registered for offences punishable under Sections 115(2), 118, 109, 329(4), 189(2), 191(2) and 190 of BNS. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the incident has taken placed with regard to Ganesh Visarjan. There is complaint and counter complaint. The complaint filed by accused No.1 has been registered in Crime No.233/2025 for similar offences. Accused persons in the said offences have been granted anticipatory bail by this Court in Crl.P.No.13887/2025. He further submits that accused Nos.1 and 4 –petitioner Nos.1 and 4 were arrested - 5 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 and they have been granted regular bail. As there is case and counter case, who is aggressor has to be considered at the time of trial. Three injured persons have been discharged from the hospital. Major portion of investigation is over. There are no criminal antecedents. With these, he prays to allow the petition and grant bail to petitioners. 4. Learned counsel for the petitioner has filed memo for not pressing petition by petitioner Nos.1 and 4 –accused Nos.1 and 4 in view of their arrest, the petition having become infructuous. 5. Per contra, learned High Court Government Pleader for the respondent –State would contend that three injured persons have sustained grievous injuries in the incident. Assaults are made by using deadly weapons like machete, club, long chopper and iron rod. Mahadevaiah sustained two grievous injuries, Mayanna has sustained one simple injury and Siddappa has sustained two simple injuries. The investigation is in progress. If petitioners are granted bail, there are chances of they hampering - 6 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 investigation and tampering prosecution witnesses. With these, he prays to dismiss the petition. 6. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 7. In view of filing memo and arrest of petitioner Nos.1 and 4, the petition by them does not survive and it is dismissed as having become infructuous. 8. There was quarrel in the process of Ganesh Visarjan among two groups. Persons of said groups have sustained injuries in the said incident. Accused No.1 has filed complaint against three injured and others and it is registered in Crime No.233/2025 for offence punishable under Sections 189(2), 191(2), 351(2), 352, 115(2), 118, 109, 112 of BNS. The present crime is also registered for similar offences. Accused persons in Crime No.233/2025 have been granted anticipatory bail by this Court in Crl.P.No.13887/2025 by order dated 10.11.2025. - 7 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 9. Accused Nos.1 and 4 have been granted regular bail by the Sessions Court. As there is case and counter case, who is aggressor has to be decided at the time of trial. Three injured persons have been discharged from the hospital and they are out of danger. Petitioners have undertaken to cooperate with the police in the investigation and abide by terms and conditions to be imposed by this Court. There are no criminal antecedents. Considering the above, petitioners –accused Nos.2, 3, 5 to 9 and 11 to 16 have made out grounds for grant of bail with conditions. 10. In the result, the following ORDER i) The petition by petitioner Nos.1 and 4 is dismissed as having become infrctuous. ii) The petition by petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 is allowed. iii) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 are ordered to be released on bail in the event of their arrest in Crime No.234/2025 of Tumkuru - 8 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 Rural Police Station subject to following conditions. a) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bonds for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall cooperate with the Investigating Officer in the investigation. c) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall not tamper prosecution witnesses. d) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall appear before the Investigating Officer whenever called for. - 9 - HC-KAR NC: 2025:KHC:49360 CRL.P No. 14353 of 2025 e) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall not commit similar offences. If they are found involved in commission of offence, the prosecution is at liberty to move an application seeking cancellation of their bail. f) Petitioners – accused Nos.2, 3, 5 to 9 and 11 to 16 shall attend the trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 4