IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 31^ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200059 OF 2025 (438(Cr.PC)/482(BNSS))

BETWEEN:

1. SACHIN S/O MOHAN MARAL, AGE: 21 YEARS, OCC: AGRICULTURE, R/O. ADKI, TQ. SEDAM, DIST. KALABURAGI-585222.

2. VIJAYKUMAR S/O SURYAKANTH PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. ADKI, TQ. SEDAM, DIST. KALABURAGI-585222.

…PETITIONERS (BY SRI MAKSOOD AFZAL, ADVOCATE)

AND:

THE STATE THROUGH MUDHOL POLICE STATION, DIST. KALABURAGI, REPRESENTED BY, LEARNED HCGP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH-585103.

…RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP)

THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD) U/SEC

482 OF BNSS, PRAYING TO, ALLOW THE PETITION AND ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THIER ARREST IN CRIME NO. 147/2024 FOR THE OFFENCES PUNISHABLE U/SEC 189(2), 191(2), 191(3), 309(4), 115(2) 118(1), 351(2) AND 352 OF BNS ACT 2023 OF MUDHOL P.S TRAIL BY THE COURT OF IV ADDL. DIST AND SESSIONS JUDGE KALABURAGI SITTING AT SEDAM.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.4 and 5 in Crime No.147/2024 registered by Mudhol Police Station, Kalaburagi district, for the offences punishable under Sections 189(2), 191(2), 191(3), 309(4), 115(2), 118(1), 351(2), 352, 190 of Bharatiya Nyaya Sanhita, 2023, are before this Court under Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.147/2024 was registered by the Mudhol Police Station, Kalaburagi district, for the aforesaid offences, against Sri. Sagar S/o. Mohan Marala and 04 others on the basis of the first information dated 03.11.2024 received from Mounesh. Apprehending their arrest in the said case, the petitioners herein who are arrayed as accused Nos.4 and 5 in the FIR had filed Crl. Misc. No.1903/2024 which was rejected by the jurisdictional Sessions Court on

23.11.2024. Therefore, the petitioners are before this Court.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, the offence alleged under Section 309(4) of BNS, 2023 is not at all attracted. The accused persons and the first informant are all friends and they had quarreled after consuming alcohol in a Dhaba. The petitioners do not have other criminal antecedents and they are agriculturist by avocation.

Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition, the first informant has suffered certain injuries in the incident in question and accordingly, he prays to dismiss the petition.

6. FIR in the present case has been registered for the offences punishable under Sections 189(2), 191(2), 191(3), 309(4), 115(2), 118(1), 351(2), 352, 190 of Bharatiya Nyaya Sanhita, 2023. A perusal of the first information would go to show that, the first informant and the accused persons are all friends and they had together gone for the purpose of negotiating to purchase a lorry and when they were returning, they all had gone in to a road side Bar and Restaurant and had consumed alcohol. It appears that, thereafter, the accused and the first informant have fought against each other and in the said incident the first informant appears to have suffered certain injuries. As rightly contended by the learned counsel for the petitioner, prima facie the offence punishable under Section 309(4) of BNS, 2023 does not get attracted against the petitioners, who are all close friends of the first informant. The petitioners do not have any other criminal antecedents and they are agriculturists by avocation.

7. Under the circumstances, I am of the opinion that, the prayer for grant of anticipatory bail needs to be granted. Accordingly, the following order:

ORDER The petition is allowed