- 1 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12528 OF 2025 BETWEEN: 1. SRI MAHADEVA S/O THAMMEGOWDA AGE ABOUT 68 YEARS, 2. SRI. KUMAR S/O THAMMEGOWDA AGE ABOUT 51 YEARS, 3. SMT. NETHRAVATHI W/O KUMAR, AGE ABOUT 51 YEARS, 4. SMT. SAROJAMMA W/O KANTHARAJU, AGE ABOUT 51 YEARS, 5. SMT. PUSHPA W/O KRISHNEGOWDA, AGE ABOUT 41 YEARS, 6. SRI RAMEGOWDA S/O THAMMEGOWDA AGE ABOUT 70 YEARS, 7. SMT. LAKKAMMA W/O NINGEGOWDA AGE ABOUT 60 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 8. SRI DHARMA B .M. S/O MAHADVA AGE ABOUT 27 YEARS, 9. SRI BEERESHA S/O KUMAR AGE ABOUT 26 YEARS, ALL ARE RESIDING AT: BIDARAHALLI VILLAGE, KIKKERI HOBLI, K.R.PETE TALUK, MANDYA DISTRICT-571 423. …PETITIONERS (BY SRI. R.A.DEVANAND., ADV. FOR SRI. SUNDARAM K.,ADVOCATE) AND: STATE OF KARNATAKA BY KIKKERI POLICE STATION, K.R.PETE TALUK, MANDYA DISTRICT. …RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE ON BAIL TO PETITIONER/ACCUSED IN CRIME NO.121/2025 OF KIKKERI POLICE STATION IN THE EVENT OF ARREST BY POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.1 to 9 in Crime No.121/12025 of Kikkeri Police Station, Mandya District, registered for the offence punishable under Section 329(3), 115(2), 118(1), 54, 119(1), 109, 352, 351(2) and 190 of BNS, 2023. 3. This petition is preferred under Section 482 of the BNSS, 2023 to enlarge the petitioners on anticipatory bail. 4. A perusal of the complaint lodged by one Chikkegowda S/o. Kalegowda, reveals that on 02.08.2025 at about 11:30 a.m., in the land bearing survey No.23/1 of Bidarahalli village, Mandya district, when a survey was being conducted, all the accused forming an un-lawful assembly, trespassed into - 4 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 the said land and assaulted the complainant, his brother Suresh and one Kirana, with chopper and other weapons, with an intention to commit murder. 5. Learned counsel for petitioners contended that initially, a complaint was lodged by the son of Petitioner No.1, in respect of the very same incident and after registration of the said case in Crime No.120/2025 at Kikkeri Police Station, the present case has been registered, as a counter blast, against petitioners, who are all family members. 6. Learned High Court Government Pleader has contended that there are three injured eyewitnesses and in view of the specific averments in the complaint and pendency of the investigation, petitioners are not entitled for the relief of anticipatory bail. 7. A perusal of the complaint averments goes to show that there is a civil dispute between the parties in respect of land measuring 31 guntas in Sy.No.23/2 situated at Bidarahalli village, Kikkeri hobli, Mandya - 5 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 district. In respect of the very same incident, on a complaint lodged by one Dharma S/o. petitioner No.1, a case has been registered against the injured, namely Suresh and Kirana in the present case, as well as two others, for the offence punishable under Section 115(2), 118(1), 352, 351(2), 54 and 3(5) of the BNS, 2023. 8. In the complaint lodged by the son of petitioner No.1, it is alleged that his father i.e., petitioner No.1 herein has been cultivating the land and on 02.08.2025 at about 11:30 a.m., when there was a survey being conducted, accused No.2-Kumara, in the present case, questioned them as to how they are conducting survey without any notice, at that time, the accused persons abused and assaulted them with chopper etc. It is alleged that when petitioner No.1 herein tried to intervene, he was assaulted by one Kirana, injured in the present case with a wooden club on his head. 9. The material on record reveals that there was a fight between the two groups, when a survey was being - 6 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 conducting on 02.08.2025 at 11:30 a.m. in land bearing Sy.No.23/2 of Bidarahali village. In the said incident both the parties sustained injuries. Incident has taken place in a sudden quarrel, due to the land dispute between the parties. Petitioners have no criminal antecedents. In the facts and circumstances, the relief sought by the petitioners can be granted by imposing conditions. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners/accused Nos.1 to 9 in Crime No.121/2025 of Kikkeri Police Station, Mandya, shall 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 for a sum of Rs.1,00,000/- (Rupees One lakh only) each with two sureties for the likesum. - 7 - HC-KAR NC: 2025:KHC:38994 CRL.P No. 12528 of 2025 b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any 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. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 26