- 1 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104702 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: BASAVARAJ @ BASALINGAPPA S/O VEERUPAKSHAPPA MALAPUR AGE. 23 YEARS, OCC. DRIVER, R/O KELGER, HOSUR ONI, NARENDER ROAD, HUBBALLI DHARWAD. …PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SUB URBAN PS DHARWAD R/BY HGP OF KARNATAKA DHARWAD BENCH. …RESPONDENT (BY SRI. P.N. HATTI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023, PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO 1 U/S 118(2), 189 (2), 352, 191 (2), 190, 191 (3) OF BNS ON THE FILE OF PRL CIVIL JUDGE (JR DIV) AND JMFC COURT, DHAWAD AND DIRECT IO TO RELEASE PETITIONER/ACCUSED NO.1 IN THE EVENT OF HIS ARREST IN THE DHARWAD SUB-URBAN P.S. CR. NO. 164/2025, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. L. S. Sullad, learned counsel for petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State. 2. Petition filed under Section 482 of Bharatiya Nyaya Suraksha Sanhita, 2023 with the following prayer: “Therefore the petitioner submit that this Hon’ble Court may pleased to grant anticipatory bail to the Petitioner/Accused No.1 U/s 118(2), 352, 191(2), 190, 191(3) of BNS on the file of Prl. Civil Judge (Jr. Dn.) and JMFC Court, Dharwad, in the interest of justice and equity and direct IO to release Petitioner/Accused No.1 in the event of his arrest in the Dharwad Sub-Urban PS Cr.No.164/2025, in the interest of justice and equity. Any other relief, the Hon’ble Court may grant in the intent of justice and equity.” 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: - 3 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 4. A complaint came to be lodged with Dharwad Sub-Urban Police Station by the injured in the KIMS Hospital, Hubballi on 03.10.2025 at about 04.00 p.m. 5. Gist of the complaint averments would reveal that the injured is an agriculturist and the accused is residing in the same vicinity and used to pick up the quarrel and harass the young children. In that regard, a complaint was given to the mother of the petitioner to advise her children properly. 5.1. On 02.10.2025 at about 10.30 p.m., when the complainant and his sister Yashoda had been to invite the relatives for the function and returning to the house, the mother of the petitioner and wife of Manjunatha were standing outside their house, they entered into conversation with the complainant. At that juncture, they informed that children of Chulkimath house had quarreled with the children of the complainant and petitioner and others are picking up the quarrel with everybody and therefore stern advice be given to them. - 4 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 5.2. Being enraged with such a complaint, petitioner herein went inside the house, picked up the sickle and came out of the house and assaulted the complainant with the sickle on his head 2-3 times and also abused him in filthy language. 5.3. Another accused namely Manjunatha also assaulted the complainant on his back by hand. As a result of sudden block, the complainant fell down and at that juncture, Mahesh, Akash and Sanju kicked him. The sister of the complainant raised hue and cry seeking help. Immediately, people who are in the vicinity arrived on the spot and they pacified the quarrel and shifted the injured to Dharwad District Hospital and thereafter he was shifted to KIMS Hospital, Hubballi, for higher treatment. 6. Police on the basis of the said complaint, registered the case in Crime No.164/2025 on 03.10.2025 for the offences punishable under Sections 118(2), 189(2), 352, 191(2), 191(3) read with Section 190 of Bharatiya - 5 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 Nyaya Sanhita, 20231. The police by visiting KIMS Hospital investigated the matter. 7. Petitioner is absconding from the day of incident and he is not available to the Investigation Agency till today. 8. Attempt made by the petitioner to obtain an order of grant of anticipatory bail is turned down by the learned Principal District and Sessions Judge, Dharwad, in Criminal Miscellaneous No.466/2025. Thereafter, the petitioner is before this Court. 9. Learned counsel for the petitioner reiterating the grounds urged in the petition would contend that it is an isolated incident and there is no previous complaint with regard to the alleged torture to the young children by the petitioner and incident has occurred at the spur of the moment. 10. He would further contend that even according to the Investigation Agency, the offence is one under Sections 1 For short, ‘BNS, 2023’ - 6 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 118(2), 189(2), 352, 191(2), 191(3) read with Section 190 of BNS, 2023 and therefore, gravity of the offence is not so high so as to deny the anticipatory bail request of the petitioner. 11. He would further contend that there are no criminal antecedents to the petitioner and therefore, sought for grant of anticipatory bail. 12. He would further contend that the other accused persons have been granted bail and therefore, on the ground of parity present petitioner is entitled for an order of grant of anticipatory bail. 13. Per contra, learned High Court Government Pleader for respondent-State opposes the bail grounds by contending that when there was a request by the complainant and his sister with the mother of the petitioner to advise him properly as he is picking up quarrel with young children in the vicinity, all of a sudden the petitioner went inside the house, brought a sickle and assaulted the - 7 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 complainant on his head, which clearly shows the gravity of the offence against the petitioner. 14. He would also contend that mere non registration of the earlier cases against the petitioner would not be sufficient to consider the bail request. The petitioner is not available for investigation on and from 02.10.2025, which shows that he is not a law-abiding citizen. 15. Therefore, he would contend that the bail request of the petitioner is to be rejected as custodial interrogation is very much necessary, inasmuch as, recovery of sickle used in the incident is to be recovered. 16. Having heard the arguments of both sides, this Court perused the material on record meticulously. 17. On such perusal of the material on record, it is to be noted that the complainant and his sister had casually visited their relatives' place for inviting a function and while returning home, they met the mother and wife of another accused Manjunatha, who were standing in front of their house on 02.10.2025. Since the petitioner and his brothers - 8 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 and others were torturing the young children, the complainant did is he requested the mother of the petitioner to advise the petitioner sternly as he is repeatedly harassing the young children. 18. For such a genuine request, petitioner went to the extent of assaulting the complainant with a sickle on his head. Other accused also assaulted and kicked him when the complainant fell down. 19. These aspects of the matter when viewed cumulatively, it is crystal clear that it is voluntarily causing a grievous hurt that too use of a sickle and part chosen for assault is the head. 20. Anyway, these are the matters which are to be investigated by the Investigation Officer and custodial interrogation is also necessary taking note of the gravity of the offence. 21. A genuine request ended in a criminal act by the petitioner that too assaulting on the head with a sickle - 9 - HC-KAR NC: 2026:KHC-D:1561 CRL.P No. 104702 of 2025 cannot be termed as a casual or an incident that has occurred at the spur of the moment. 22. Moreover, the petitioner is not available to the Investigation Agency on and from 02.10.2025, whereby investigation has crippled to considerable extent and the weapon used in the incident is not yet recovered on account of non-availability of the petitioner. 23. Therefore, this Court is of the considered opinion that the apprehension expressed by the prosecution is well founded and custodial interrogation of the petitioner is very much necessary. 24. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 6