ORAL ORDER

1. Accused nos.1 & 2 in Crime No.193/2024 registered by Honnalli Police Station, Davanagere District, for the offences punishable under Sections 115(2), 118(2), 74, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.193/2024 was registered by Honnalli Police Station, Davanagere District, against the petitioners for the aforesaid offences on the basis of the first information dated 26.07.2024 received from injured Mohammed Siddiq who is the younger brother of the first petitioner herein. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.840/2024 before the jurisdictional Sessions Court, which was rejected on 20.08.2024. Therefore, they are before this Court.

4. Learned Counsel for the petitioners submits that the incident in question has taken place in a spur of moment in the house of the petitioners when the victim came there along with his wife and quarreled with the petitioners and their family members. He submits that the accused no.1 has not used any weapon to cause injury on the victim. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition on the ground that investigation in the case is under progress.

Accordingly, he prays to dismiss the petition.

6. Accused no.1 and the victim are direct brothers and they are married. Accused no.2 is the wife of accused no.1 and another injured in the present case is the wife of the first informant. It appears that there is a dispute between the brothers and the injured first informant had decided to reside separately. On 24.07.2024, first informant had allegedly gone to the house of the petitioners to collect his belongings and at that time, petitioners allegedly had fought with him and committed the crime. The allegation against accused no.1 is that he had bit the ear of the first informant and had caused grievous injury. Undisputedly, accused no.1 has not used any weapon to commit the crime. The incident in question has taken place inside the house of the petitioners when the first informant and his wife had come there to collect their belongings. According to the petitioners, the first informant and his wife had fought with them inside their house and the alleged offence at the most may attract Section 122(2) of BNS and the maximum punishment for the said offence is imprisonment for a period of five years. There is a delay of two days in lodging the first information by the first informant. The alleged incident had taken place at 24.07.2024 at about 1.00 p.m. in the house of the petitioners, whereas the first information is submitted on 26.07.2024 at about 6.00 p.m. There is no allegation against accused no.2 about she assaulting either the first informant or his wife. Considering the nature of allegations as against the petitioners and also having regard to delay of two days in submitting the first information, I am of the opinion that the petitioners prayer for grant of anticipatory bail is required to be answered affirmatively.

Accordingly, the following order:

7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.193/2024 registered by Honnalli Police Station, Davanagere District, for the offences punishable under Sections 115(2), 118(2), 74, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.

2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the T