- 1 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2272 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. DEVARAJA S/O RANGEGOWDA AGED ABOUT 40 YEARS 2. JAYAPRAKASH, S/O RANGEGOWDA, AGED ABOUT 42 YEARS BOTH ARE R/A VASTHARE VILLAGE AND POST, CHIKKAMAGALURU TALUK. …PETITIONERS (BY SRI. BHARATH KUMAR V, A/W SRI. ANANDA RAMACHANDRA DASS, ADVOCATES) AND: THE STATE BY ALDUR POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 CHIKKAMAGALURU DISTRICT, STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS AND DIRECT THE I ADDL. DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN CRIME NO.10/2026 OF ALDUR POLICE STATION REGISTERED FOR THE OFFENCE U/S 109, 115(2), 118(1), 352 AND 351(2) R/W SECTION 3(5) OF THE BNS 2023 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 ORAL ORDER 1. The petitioners/accused Nos.1 and 2 are before this Court seeking for grant of anticipatory bail in Crime No.10/2026 of respondent-Police for the offence under Sections 109, 115(2), 118(1), 352, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, on 19.01.2026, K.C.Basavaraj had received a message that the injured was taking treatment at Government Hospital, Chikkamagaluru. On receiving the said information he went there and recorded statement of the informant and registered F.I.R. The statement of the informant would indicate that the injured was working as an agriculturist, he had 2 acres of vacant land, situated behind his house. However, it is standing in the name of grandfather of the informant. In the said land, the uncle of the informant was been living by constructing a house. The said land has not been divided between them. - 4 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 3. On 18.01.2026, at about 08.00 pm, sons of the uncle had brought JCB and started digging the land for the purpose of constructing the house. The informant had gone to the spot and saw that they were digging the land to construct the house and he had stopped the work as the property has not been divided among themselves and rights of the properties was not determined properly. Immediately, one Devaraju, who is the son of his uncle had assaulted with machete on the right side of his head and one Jayaprakash assaulted on chest with stone. Rangegowda, who is his uncle had assaulted with hands. Consequently, the informant had sustained severe injuries and he was shifted to the hospital for treatment. The investigation is under progress. 4. Heard Sri.Bharath Kumar V. along with Sri.Anand Ramachandra Dass, learned counsel for the petitioners and Sri.Rangaswamy R., learned High Court Government Pleader for the respondent-State. - 5 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 5. It is the submission of the learned counsel for the petitioners that a civil dispute has been converted into criminal case. The informant deliberately obstructed the construction work of the petitioners. Though, it is alleged that the petitioner No.1 had assaulted with machete on the vital part of the body, the fact remains that, the informant has been discharged from the hospital and he is out of danger. The petitioners are the brothers of the same family and they are earning members of the family. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent - State vehemently submitted that, the petitioners being cousin brothers of the injured, they assaulted with deadly weapon and caused injuries on the vital parts of the body. If the petitioners are enlarged on bail, there may be chances of committing similar offence. - 6 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 Therefore, it is not appropriate to grant them bail. Making such submissions, he prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that, the informant had been assaulted by the petitioners on account of the property dispute. The petitioners are none other than the cousins of the informant. No doubt, the informant had sustained severe injuries on his head. Now, he is out of danger. The offence alleged against the petitioner is neither punishable with death nor imprisonment for life. Hence, it is appropriate to grant bail to the petitioners by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 7 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.10/2026 of respondent-Police for the offence under Sections 109, 115(2), 118(1), 352, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioners shall co-operate with investigation till filing of the charge sheet. - 8 - HC-KAR NC: 2026:KHC:13215 CRL.P No. 2272 of 2026 (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioners shall not commit any criminal cases till disposal of the case. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 50