- 1 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200408 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: 1. ROZEMSON RICHARDS @ RICHARD S/O SUMANTH DAVID, AGE: 39 YEARS, OCC: AGRICULTURE, 2. WILSON @ VICKY S/O SUMANTH DAVID, AGE: 34 YEARS, OCC: AGRICULTURE, BOTH ARE R/O H NO. 19-1-52, BEHIND PETROL BUNK SHIVA NAGAR, SOUTH BIDAR-585401. …PETITIONERS (BY SRI. SANGOLI NAGANNA A., ADVOCATE) AND: THE STATE OF KARNATAKA, GANDHI GUNJ POLICE STATION, BIDAR. NOW REPRESENTED BY, THE ADDL.S.P.P. HIGH COURT BUILDING, KALABURGI-585107. …RESPONDENT (BY SRI SIDLING PATIL, ADDL. SPP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 THIS CRL.P IS FILED U/S 482 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND THEREBY DIRECT THE RESPONDENT GANDHI GUNJ POLICE BIDAR TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THERE ARREST IN CRIME NO. 0014/2025 DATED 29-01-2025 OF GANDHI GUNJ POLCE BIDAR FOR THE OFFENCE PUNISHABLE U/S 189(2), 191(2), 191(3), 109, 115(2), 118(1), 118(2), 352, 351(2), AND 190 OF THE BHARTIYA NYAYA SANHITYA (BNS) 2023, PENDING BEFORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioners seeking to release him on bail in Crime No.14/2025 for the offences under Sections 189(2), 191(2), 191(3), 109, 115(2), 118(1), 118(2), 352, 351(2) and 190 of BNS, 2023. 2. It is the case of the prosecution that one Syed Abdul Salam had lodged a complaint on 29.01.2025 stating that, there was dispute between himself and Sumanth in respect of the property bearing Sy.No.15/2b, measuring 4 acres 20 guntas. It is further stated that recently, he obtained decree in respect of the said - 3 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 property by the Civil Court. Thereafter, the said Sumanth and his children being unhappy were giving trouble in one or the other pretext. 3. Such being the fact, on 29.01.2025, the complainant and his friend were standing in front of his hotel and chatting each other. By the time, Sumanth and his children went near the hotel by holding wooden stick and other weapon, stated to have assaulted the complainant and his friend. Consequently, the complainant and his friend both had sustained injuries. 4. It is further stated that after the incident the complainant and his friend went to the hospital and took treatment and lodged a complaint. 5. It is the submission of the learned counsel for the petitioners that though the alleged incident stated to have taken place in front of the hotel of the complainant, the fact remains that, the injuries sustained by the complainant and his friends are simple in nature. The respondent-Police have deliberately registered the case for - 4 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 the offences under Section 109 of BNS Act, which cannot be attracted. 6. It is further submitted that the petitioners are the brothers and they are earning members of the family. They are permanent residents of Shiva Nagar, Bidar district and they will abide the conditions to be imposed by this Court in the event of release them on bail. 7. Per contra, the learned High Court Government Pleader vehemently submitted that the petitioners have assaulted the injured with different weapons and caused injuries. There was a long standing dispute existed between the complainant and the petitioners in respect of the said land. If the petitioners are enlarged on bail, there may be chances of committing similar offences. Therefore, it is not appropriate to grant them bail. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, the petitioners stated to have assaulted the complainant and his friend with wooden stick and other - 5 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 weapon. On perusal of the wound certificate, it appears that the injuries are simple in nature. Therefore, it is appropriate to grant anticipatory bail to the petitioners by imposing the suitable conditions. 9. Hence, I proceed to pass the following: ORDER The petition is allowed. The respondent/Police are directed to release the petitioners in the event of their arrest in Crime No.14/2025 registered by Gandhi Gunj Police Station, Bidar for the offences under Sections 189(2), 191(2), 191(3), 109, 115(2), 118(1), 118(2), 352, 351(2) and 190 of BNS, 2023, pending before the Court of the Principal II Addl. JMFC Court at Bidar, subject to the following conditions: a. Petitioners shall execute personal bonds for a sum of rupees one lakh each with one surety - 6 - NC: 2025:KHC-K:1938 CRL.P No. 200408 of 2025 each to the satisfaction of the respondent- Police. b. The petitioners shall appear before the respondent-Police within a period of one month from today to execute the personal bonds and also to furnish the sureties. c. The petitioners shall co-operate with the investigation as and when it is required. d. The petitioners shall not commit similar or any other offences till disposal of the case. e. The petitioners shall not threaten or tamper the prosecution witness. f. The petitioners shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE TMP List No.: 1 Sl No.: 19