- 1 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200369 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLIKARJUNA S/O GURAVAPPA NAYAK, AGE: 27 YEARS, OCC: DRIVER, R/O. BELLIGANUR VILLAGE, TQ. MASKI, DIST. RAICHUR 584126 …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585107, THROUGH BALAGANUR PS, TQ. MASKI, DIST. RAICHUR-584126. …RESPONDENT (BY SRI. VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P. IS FILED 483 OF BNSS, 2023, PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER IN BALAGANOOR P.S. CRIME NO. 136/2024 FOR THE OFFENCE PUNISHABLE U/SECS. 189(2), 191(2), 191(3), 118(2), 109, 352, 351(2), R/W 190 OF BNS, 2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT MASKI DISTRICT RAICHUR. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in Crime No.136/2024 registered by Balaganoor Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 109, 352, 351(2) read with Section 190 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.136/2024 was registered by Balaganoor Police Station, Raichur for the aforesaid offences against one Dayanand and four others on the basis of the first information dated 03.12.2024 received from Bheerappa. During the course of investigation of the case, petitioner herein who was arrayed as accused No.2 in the FIR was arrested on 27.12.2024 and subsequently - 3 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 remanded to judicial custody. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Mis.No.5058/2025 was rejected on 1302.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is an agriculturist by avocation having no other criminal antecedents. Undisputedly, there is a case and counter case in respect of the alleged incident that had taken place on 03.12.2024. As a result of assault made by the petitioner, Prabhu has suffered only simple injuries. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that petitioner and other accused persons have assaulted the first informant and two others and in the said incident, the victims have suffered grievous injuries. He submits that investigation of the case is under progress. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 6. Perusal of the material on record would go to show that there is a dispute between the two parties and in respect of the incident that had taken place on 03.12.2024, there is a case and counter case registered. In the incident in question that had taken place on 03.12.2024, at about 1.30 p.m., the allegation of assaulting injured Sagarappa with the axe is as against accused No.1 – Dayanand, accused No.2 allegedly had assaulted one Prabhu with a stone, accused No.3 - Veeresh had assaulted the first informant with an iron rod and accused No.4 allegedly had assaulted Sagarappa with a stone. As a result of assault made by the petitioner herein injured Prabhu had suffered three injuries. The wound certificate of injured Prabhu would go to show that all the injuries are certified as simple injuries. The petitioner, who is an agriculturist, having no other criminal antecedents is in custody from 27.12.2024. 7. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular - 5 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 bill needs to be answered affirmatively. Accordingly, following: ORDER The criminal petition is allowed. The petitioner/accused No.2 is directed to be enlarged on bail in Crime No.136/2024 of Balaganoor Police Station, Raichur, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 118(2), 109, 352, 351(2) read with Section 190 of BNS, 2023, pending on the file of learned Civil Judge and JMFC, Maski, Raichur district, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC-K:1367 CRL.P No. 200369 of 2025 c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 16 CT:PK