- 1 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 2364 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT PUSHPA SIDDESH GUNDI W/O SIDDESH GUNDI AGE ABOUT 58 YEARS RESIDING AT 6TH MIAN, PJ EXTENSION, DAVANAGERE. 2. SRI. NITHIN SIDDESH GUNDI S/O SIDDESH GUNDI AGE ABOUT 23 YEARS RESIDING AT 6TH MIAN, PJ EXTENSION, DAVANAGERE …PETITIONERS (BY SRI. G.V. CHANDRASHEKAR, SENIOR COUNSEL FOR SRI. PRABHU PUJAR S., ADVOCATE) AND: THE STATE OF KARNATAKA BY EXTENSION POLICE STATION, DAVANAGERE DISTRICT REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE ANTICIPATORY BAIL TO THE PETITIONER NOS. 1 AND 2 / ACCUSED NOS. 1 AND 2 IN CRIME NO. 14/2026, REGISTERED BY EXTENSION POLICE STATION, DAVANAGERE CITY, DAVANAGERE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109, 115(2), 329(4), 351(2) AND 352 READ WITH SECTION 3(5) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PENDING ON THE FILE OF THE COURT OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC, DAVANAGERE DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners accused of offences punishable under Sections 109, 115(2), 329(4), 351(2), 352 read with Section 3(5) of BNS, 2023 in Crime No.14/2026 registered by Davanagere Extension Police Station are before this Court seeking grant of anticipatory bail. 2. Learned Senior Counsel appearing for the petitioners submits that accused No.1 being a widow in need of financial assistance had approached the complainant and had nominally sold agricultural and residential property with a clear understanding that on repayment, the complainant would reconvey the same. A suit in this regard has also been filed by her in O.S.No.296/2025 on 11.08.2025 on the file of III - 3 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 Additional Senior Civil Judge, Davanagere, seeking declaration that the said deeds of sale are not binding. Though the sale deeds were executed, he submits that she continues to be in possession of first floor of the premises while the ground floor is used by the complainant to store his computer equipments. That on the particular day when she had gone out and returned home she was prevented. In the process she tried to jump over the compound wall. This was taken to be an assault by the accused on the complainant resulting in filing of the complaint. 3. He further submits she neither intended to cause any injury nor hurt the complainant. She was merely trying to have access to her property which is illegally denied. Hence seeks for granting of anticipatory bail. 4. Learned HCGP referring to the contents of the complaint submits that accused had deliberately assaulted the complainant who is rightful owner of the property. Medical certificate and wound certificate in this regard has already been obtained which indicate swelling over the mid forehead of the complainant. There are four cases filed against the petitioners. Hence, opposes the petition. - 4 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 6. Heard and perused the records. 7. Perusal of the complaint indicate that petitioners herein along with two others attempted to trespass into the property of the complainant. When prevented, he was assaulted by the accused and others besides being abused. From the submission made by learned counsel for the petitioners, it appears the complainant has purchased the property subject matter of the dispute from the accused and accused has already initiated proceedings in O.S.No.296/2025. The complaint is filed subsequently. The wound certificate furnished by the learned HCGP indicate that the complainant is stated to have suffered simple injuries. 8. Considering the fact circumstances more particularly complainant himself having purchased the property of the accused and pendency of the suit indicate the parties are at loggerheads with reference to the alleged deeds of sale executed by the accused in favour of the complainant. Be that as it is, wound certificate indicate the injury sustained are simple in nature. This Court under the circumstances deems it appropriate to grant anticipatory bail as sought for. - 5 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 Accordingly following: ORDER Petition is allowed. Petitioners are directed to be enlarged on bail in the event of their arrest in Crime No.14/2026 registered by Davanagere Extension Police Station, for the offences punishable under Sections 109, 115(2), 329(4), 351(2), 352 read with Section 3(5) of BNS, 2023 subject to following conditions: 1. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) each with two local sureties each for the likesum to the satisfaction of the trial Court. 2. Petitioners shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co- operation in the investigation of the matter. 3. Petitioners shall appear before the trial Court and obtain regular bail within 15 days from the date of receipt of certified copy of this order. - 6 - HC-KAR NC: 2026:KHC:24493 CRL.P No. 2364 of 2026 4. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 5. Petitioners shall not tamper with the prosecution witnesses. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 5 Sl No.: 2