Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF CRIMINAL PETITION NO. 200880 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: DURGAPPA S/O BASAPPA AGE: 45 YEARS, OCC: AGRICULTURE R/O HAMPANAL VILLAGE, TQ: MASKI DIST: RAICHUR …PETITIONER (BY SRI. MAHANTESH PATIL,ADVOCATE)
AND: THE STATE OF KARNATAKA THROUGH TURVIHAL POLICE STATION DISTRICT RAICHUR 584101 R/BY ADDL SPP Digitally signed HIGH COURT OF KARNATAKA BENCH by LUCYGRACE AT KALABURAGI - 585103. Location: HIGH COURT OF …RESPONDENT KARNATAKA (BY SRI SHESHADRI JAISHANKAR, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTIO 482 OF BNSS-2023, PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE TURVIHAL PS TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.56/2025, REGISTERED BY THE TURVIHAL P.S. FOR THE OFFENCE PUNISHABLE U/SEC. 352, 115(2), 118(1), 54, 109, 351(2) AND (3) AND 3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC AT SINDHANOOR DISTRICT RAICHUR. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR JUSTICE T.M.NADAF) This petition is filed by accused No.1 under Section 482 of BNSS, 2023, for grant of anticipatory bail in Crime No.56/2025 dated 09.04.2025 registered by the Turvihal Police Station, Raichur District, for the offences punishable under Sections 352, 115(2), 118(1), 54, 109, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023.
2. The factual matrix of the case are that, on
08.04.2025 at about 7.30 p.m., when the complainant was in her village, her younger sister by name Gynamma W/o. Ambanna informed her over phone that, at about 6.00 p.m., her father Hirelingappa i.e., the victim had gone to the hotel of one Pampapati in their village, been assaulted by the accused persons on his head with sticks and thereby caused grievous injuries with an intention to commit his murder. Accordingly, the complainant rushed to the spot and shifted -3- her father to the VIMS Hospital, Ballari and lodged the complaint against the accused persons. On the strength of the complaint, FIR came to be registered against the petitioner and other accused persons for the offences supra. Subsequently, accused Nos.2 and 3 were arrested on 09.04.2025. The accused Nos.2 and 3 were admitted on regular bail by the order of Co-ordinate Bench of this Court in Crl.P.No.200832/2025. Hence, the present petition.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. The learned counsel for the petitioner submits
that the allegation made against the petitioner and other accused persons who were released on regular bail are similar. Though the allegation against the petitioner in the complaint is that he had assaulted with the stick on the head and injured, the victim has been discharged from the hospital on 12.04.2025. He further submits that, this Court enlarged accused Nos.2 and 3 on regular bail and hence, he seeks to allow the petition. -4-
5. Per contra, the learned HCGP submits that
accused No.1 assaulted the victim on his head with stick, he was admitted to the hospital on 08.04.2025 and discharged on 12.04.2025. There are serious allegations against the petitioner and the other accused were granted regular bail. With these circumstances, he seeks to dismiss the petition.
6. It could be gathered from the records that, the
specific overt-acts alleged against the petitioner in the complaint that accused No.2 has assaulted with a stick on the body of the injured and accused No.3 assaulted the injured by hands. It is stated in the complaint that accused No.1 assaulted on the head of the injured with the stick, due to the same, he sustained injuries on his head. Nevertheless, the injured is already discharged from hospital on 12.04.2025. In such circumstances, without expressing any opinion on the merits of the case, it is suffice to hold that the petitioner has made out a case for his release on anticipatory bail. Accordingly, the petition deserves to be allowed. Hence, the following: -5-
ORDER
The petition filed under Section 482 of BNSS 2023, is allowed. Consequently, the petitioner shall be released on anticipatory bail in the event of his arrest by the concerned police in connection with Crime No.56/2025 registered by Turvihal Police Station, Raichur district, for the offences punishable under Sections 352, 115(2), 118(1), 54, 109, 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, on the following conditions:
a) The petitioner shall appear before the Investigating Officer within 15 days from today. On his appearance, the Investigating Officer shall release him on anticipatory bail, on petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
b) The petitioner shall co-operate with the Investigating Officer and be present whenever summoned for investigation without fail. -6-
c) The petitioner shall mark his attendance on every alternative Sunday between 10.00 a.m. to 2.00 p.m. till completion of Investigation and filing of the charge-sheet. d) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. e) The petitioner shall not tamper with
the prosecution witnesses and he shall cooperate with the police for investigation and appear before them whenever called upon. f) The petitioner shall not involve in similar offences in future. g) The petitioner shall file a formal regular bail application before the concerned Court within 15 days from the date of his release on anticipatory bail by the Police. The
concerned Court shall consider the bail application as per the order of this Court. h) The petitioner shall not leave the jurisdiction of the Sessions Court without prior permission; -7- i) Any violation of the conditions stipulated above would entail in cancellation of the bail; Sd/- (T.M.NADAF) JUDGE THM List No.: 1 Sl No.: 18 CT: PS