- 1 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12512 OF 2025 BETWEEN: 1. LEELAVATHI W/O VARADARAJU H.D., AGED ABOUT 59 YEARS, R/OF #43, 9TH MAIN, 9TH CROSS, OPP. GOOD SHEPHERD HOSPITAL, MARUTI LAYOUT, HENNUR, KALYANNAGAR, BANGALORE NORTH–560 043. 2. VARADARAJU H.D. S/O DODDANNA, AGED ABOUT 64 YEARS, R/OF #43, 9TH MAIN, 9TH CROSS, OPP. GOOD SHEPHERD HOSPITAL, MARUTI LAYOUT, HENNUR, KALYANNAGAR, BANGALORE NORTH–560 043. 3. GNANESH H.V. S/O VARADARAJU H.D., AGED ABOUT 35 YEARS, R/OF #43, 9TH MAIN, 9TH CROSS, OPP. GOOD SHEPHERD HOSPITAL, MARUTI LAYOUT, HENNUR, KALYANNAGAR, BANGALORE NORTH–560 043. …PETITIONERS (BY SRI. KUMARA SWAMY M.C., ADVOCATE A/W MISS. LENITA MATHIAS, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 AND: STATE BY DODDABALLAPURA RURAL POLICE STATION DODDABALLAPURA-561 203, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THEM ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE I.E., DODDABALLPURA RURAL POLICE STATION, DODDABALLAPURA IN RELATION TO THE CASE IN CR.NO.266/2025 ON 31.07.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 351(2), 351(3), 352 R/W 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, DODDABALLAPURA, BANGALORE RURAL DISTRICT AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 ORAL ORDER Petitioners are arraigned as accused in Cr.No.266/2025 of Doddaballapura Rural Police Station, Bengaluru District, registered for the offence punishable under Section 115(2), 118(1), 351(2), 351(3), 352 r/w 3(5) of BNS, 2023. 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 3. In the complaint lodged by one Chaluvamurthy, he has alleged that on 30.7.2025 at about 11.30 a.m. when he along with his brother Gopalakrishna went to their land bearing Sy.No.153 in Machagondanahalli village, Tubagere Hobli, Doddaballapura Taluk, his sister, her husband and son came in a Innova car bearing registration No.KA 50 MD 3918, picked up quarrel with them, abused and assaulted them with nilgiri clubs etc., and threatened them with dire consequences. One Muninarayanappa and - 4 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 Ravi pacified the quarrel and requested them to convene a panchayat. While going away, the accused hit their car against Nandakumar and Kempegowda, causing Kempegowda to fall onto the bonnet, and despite that, they continued driving the car for 3-4 kms. 4. It is contended by the learned counsel for petitioner that there is a civil dispute pertaining to the land in question and on the date of incident when the petitioners had been to the land, the complainant and others picked up quarrel, abused and assaulted them. In this connection, they submitted a complaint to the Superintendent of Police and others and NCR is registered. She contended that the parties are closely related to each other, wherein petitioner No.1 is the sister of the first informant and she has filed a suit in O.S.No.158/2018 in Bangalore, now pending before the Court of Principal Civil Judge and JMFC, Doddaballapura, and renumbered as O.S.No.13/2019. The learned counsel further contended, - 5 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 in view of the civil dispute, a false case is registered against the petitioners. 5. Learned High Court Government Pleader contended that investigation is in progress and the wound certificates of the injured clearly indicate that they have suffered injuries, which confirms the incident. He contended, if the petitioners are granted the relief, they may not co-operate with the investigation of the case and they may commit similar offences in future. 6. A perusal of the material on record goes to show that there is a civil dispute between the parties. The incident allegedly took place when the complainant and others went to the land. A suit filed by petitioner No.1 is said to be pending. It is stated that an order temporary injunction is granted in the said case. The wound certificates of the injured, indicate that the injuries sustained by them are simple in nature. Petitioners counsel has made available copy of the wound certificates in respect of the petitioners. Though the injuries are - 6 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 mentioned as simple in nature, it shows both the parties have indulged in a fight and inflicted injuries against each other. 7. Considering that the incident was on account of a civil dispute, nature of injuries and relationship between the parties, by imposing conditions, the relief sought in the petition can be granted. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioners/accused Nos.1 to 3 in Crime No.266/2025 registered by Doddaballapura Rural Police Station, Bengaluru City, are ordered to be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) each, with a surety for the likesum. - 7 - HC-KAR NC: 2025:KHC:36093 CRL.P No. 12512 of 2025 b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. f) They shall not indulge in committing any offence. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 40