- 1 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200458 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: 1. JYOTHI W/O NAGNATH BIRADAR, AGE: 26 YEARS, OCC: HOUSEWIFE, R/O LINGADHALLI(K) VILLAGE, TQ: AURAD(B), DIST:BIDAR-585426. 2. NAGNATH S/O SHANKAR BIRADAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O VILLAGE LINGADHALLI (K), TQ: AURAD (B), DIST: BIDAR-585426. …PETITIONERS (BY SRI MANURE ASHOK KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHINTAKI POLICE STATION, REP. GOVERNMENT PLEADER, HIGH COURT, KALABURAGI-585301. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P. IS FILED U/S. 439 OF CR.P.C. (OLD), 483 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION AND RELEASE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 THE ACCUSED/PETITIONERS ON BAIL IN CRIME NO.6/2025, PUNISHABLE U/SEC. 115(2), 118(1), 109, 352, 103 R/W SEC. 3(5) OF BNS, 2023 OF POLICE CHINTAKI, TQ: AURAD (B), DIST. BIDAR, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT AURAD (B). 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 accused/petitioners seeking regular bail in Crime No.6/2025, registered by the Chintaki Police Station, for the offences punishable under Sections 115(2), 118(1), 109, 352, 103 read with Section 3(5) of BNS, 2023, pending before the Civil Judge and JMFC Court at Aurad (B). 2. Factual matrix of the case are as under: On 26.01.2025 about 05-00 p.m., when the complainant was standing near Hanuman Temple, Namdev Rathod was coming on his motorcycle and passed on the road. The complainant, namely, Prabhakar S/o Kashappa teased the said Namdev Rathod and they were exchanging - 3 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 their comments on each other. The petitioner No.2 Nagnath thought that, he was being teased by the complainant, started quarreling with him. The matter had been pacified by the elders and well-wishers and both have left the place. 3. On the following day on 27.01.2025 around 07-00 p.m., when the complainant and his family members were sitting on the Dias (Jagali) by talking with each other, the petitioner Nos.1 and 2 were passing in front of the house of the complainant, petitioner No.1 on seeing the complainant, started insulting him by using filthy language. The parents of the complainant and the family members even though tried to pacify the quarrel, petitioner No.2 assaulted the father of the complainant and caused injuries to him. Petitioner No.1 assaulted the wife and other family members of the complainant and caused injuries to them. Therefore, a complaint came to be registered against the petitioners. - 4 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 4. Heard Sri Manure Ashok Kumar, learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioners that the petitioner No.1 is a woman and the over-act alleged against her is that, she assaulted the wife of the complainant and caused injuries on her forehead and also it is further stated that the complainant also had received the blows from her. The allegation of assault to the father of the complainant has been made against the petitioner No.2. The major offence alleged in this case, which is punishable under Section 326 of IPC. The petitioners are the husband and wife. They are in judicial custody since 31.01.2025. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. - 5 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 6. Per contra, learned High Court Government Pleader vehemently submitted that the assault made by both the petitioners are serious in nature. The petitioners and the complaint are the residents of the same village. If the petitioners are enlarged on bail, there may be chances of committing similar offences and there may be chances of threatening the complainant and his family members. Therefore, they are not entitled for the relief as prayed for. 7. Having heard the learned counsel for the respective parties and also perused the overt-act of each petitioner, it appears that, initially the respondent/police have registered a case in FIR against the petitioners for the offences punishable under Sections 115(2), 118(1), 3(5) and 352 of BNS, 2023. Subsequently, the respondent/police made a requisition by way of remand application and inserted Section 109 of BNS, 2023. 8. Without adverting to the merits of the case and on considering the over-act of the petitioner No.1 and also - 6 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 taking note of the fact that she is a woman, aged about 26 years, it is appropriate to grant bail to her by imposing suitable conditions. However, the petition as against petitioner No.2 is concerned, prima facie, the prosecution made out a case against him in respect of heinous offences. Hence, it is not proper to grant him bail. 9. Accordingly, I proceed to pass the following: ORDER (i) The criminal petition is allowed in part. (ii) The petitioner No.1 is enlarged on bail in Crime No.6/2025, registered by the Chintaki Police Station for the offences punishable under Sections 115(2), 118(1), 109, 352, 103 read with Section 3(5) of BNS, 2023, pending on the file of the Civil Judge and JMFC Court at Aurad (B), by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to - 7 - NC: 2025:KHC-K:2153 CRL.P No. 200458 of 2025 the satisfaction of the Trial Court on the following conditions: a. The petitioner No.1 shall not threaten or tamper the prosecution witnesses. b. The petitioner No.1 shall appear before the Trial Court on all hearing dates without fail. c. The petitioner No.1 shall co-operate for investigation as and when required. The petition in respect of petitioner No.2 is dismissed. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 26 CT:PK