- 1 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200471 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. SRI MAHESH S/O GOVIND, AGED ABOUT 22 YEARS, OCC: STUDENT, R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR–584122. 2. SRI GOVIND S/O HANUMANTA, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR–584122. 3. SRI KARIMALLESHI @ SANNA MALLESHI S/O HANUMANTA, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR–584122. 4. SRI DODDA MALLESHI S/O HANUMANTA, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR – 584122 5. SRI RAZAK S/O HUSSAIN SAB, AGED ABOUT 36 YEARS, OCC: AGRICULTURE R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR–584122. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 6. SRI HUSSAINE S/O KHAZASAB, AGED ABOUT 38 YEARS, OCC: AGRICULTURE, R/AT. SARJAPUR VILLAGE, TQ. AND DIST. RAICHUR – 584122. …PETITIONERS (BY SRI B. K. HIREMATH, ADVOCATE) AND: 1. STATE THROUGH, SUB-INSPECTOR OF POLICE, YAPALADDINI POLICE STATION, YAPALADINNI TQ AND DIST.RAICHUR, REPRESENTED THROUGH, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585107 2. SWAMI S/O SANNA KOLAMAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/AT. SARJAPUR VILLAGE, TQ. AND DIST.RAICHUR-584122. …RESPONDENTS (BY SRI G. B. YADAV, HCGP FOR R1; V/O DATED 17.03.2025, NOTICE TO R2 DISPENSED WITH) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD), U/S 483 OF BNSS PRAYING TO, 1) ALLOW THE BAIL PETITION FILED BY THE PETITIONERS/ACCUSED AND RELEASE THEM ON BAIL BY PUTTING ANY STRINGENT CONDITION AND SAME WILL ABIDE THE ACCUSED/PETITIONERS IN CRIME NO. 6/2025. YAPALADINNI PS RAICHUR, IN FIR NO.60/2025 ON THE FILE JMFC III COURT RAICHUR FOR OFFENCE PUNISHABLE U/SEC. 189(2), 191(2), 191(3), 329(3), 115(2), 118(1), 74, 109, 352, 351(2) R/W 190 BNSS ACT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused Nos.1 to 4, 10 and 11 seeking for regular bail in Crime No.6/2025, registered by the Yapaladinni Police Station, Raichur, for the offences punishable under Sections 189(2), 191(2), 191(3), 329(3), 115(2), 118(1), 74, 109, 352, 351(2) read with Section 190 of BNS, 2023. 2. It is the case of the prosecution that the complainant namely, Swamy S/o Sanna Kolamappa, lodged the complaint stating that he is having property bearing Survey No.69/*/8, measuring 2 acres 3 guntas, situated at Kuratipli village, Raichur taluka and district and in the said land, paddy seeds were sowing. On 26.01.2025, when the complaint and his family members were doing agricultural activities in the early morning, the petitioners, who are the resident of Sarjapur village in furtherance of common intention and common object, - 4 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 came in Bolero vehicle bearing registration No.KA-36/B- 3815, motorcycle and tractor engine and trespassed into the said land. After trespassing into the land, they assaulted the complainant and others, caused injures. Therefore, the complainant lodged a complaint before the respondent – police. The respondent – police have registered a case in Crime No.6/2025 for the offences stated supra. 3. Heard the learned counsel for the petitioners Sri B.K.Hiremth and learned High Court Government Pleader Sri G.B.Yadav for respondent No.1. Notice to respondent No.2 is dispensed with. 4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. In fact, the petitioners have registered a case against the complainant and others and the same has been registered in Crime No.5/2025. The disputed land is a Government land. Both the family members are - 5 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 claiming title over the said land. Hence, the incident in question had taken place. However, the petitioners had no intention either to commit the murder of the complainant or causing injuries to his family members. The petitioners are the permanent resident of Sarjapur village and they have deep root in the society. Therefore, they are willing to abide by the conditions to be imposed by this Court in the event of release them on bail. Making such submissions, he prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that, there is a case and counter case. The petitioners have committed an offence under Section 109 of BNS, 2023, which is heinous in nature. In the incident in question, four persons have sustained injuries. If the petitioners are enlarged on bail, there are chances of committing similar offences and also threatening the prosecution witnesses. Hence, it is not - 6 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 appropriate to grant bail. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that there is a dispute between two families in respect of the land bearing Survey No.69/*/8, measuring 2 acres 3 guntas, situated at Kuratipli village of Raichur taluka and district. It is stated that both the family members are trying to dominate each other to establish the title over the land. 7. Be that as it may, on perusal of the wound certificate made available by the learned High Court Government Pleader, I am of the considered opinion that the petitioners made out grounds to grant them bail. Hence, without adverting to the merits of the case, I proceed to pass the following: ORDER The criminal petition is allowed. - 7 - NC: 2025:KHC-K:1832 CRL.P No. 200471 of 2025 The petitioners are ordered to be enlarged on bail in Crime No.6/2025, registered by the Yapaladinni Police Station, Raichur, for the offences punishable under Sections 189(2), 191(2), 191(3), 329(3), 115(2), 118(1), 74, 109, 352, 351(2) read with Section 190 of BNS, 2023, by executing personal bonds for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioners shall cooperate with the investigation as and when required. b) The petitioners shall not threaten or tamper the prosecution witnesses. c) The petitioners shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 11 CT:PK