Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 15369

KARNATAKA HIGH COURT
V SRISHANANDA, J
SRI SHIVAPPA S/O RACHAPPA, SRI RAVICHANDRA S/O BUDDAPPA @ HANUMANTH, SRI SHIVAPPA S/O BUDDAPPA @ HANUMANTH, SRI MAREPPA @ MARIYANNA S/O HANUMANTHA, SRI MALLAPPA S/O HANUMANTHA, SRI BASAVARAJ S/O HANUMANTHA, SRI AMBANNA S/O TIPPANNA, SRI DEVARAJ S/O TIPPANNA, SRI MAREPPA S/O TIPPANNA @ HANUMANTH, SRI SEENAPPA @ SRINIVAS S/O BUDDAPPA, SRI MAREPPA S/O TIPPANNA @ HANUMANTH, SRI RAMESH @ RAMESH BHERI S/O NAGAPPA BERI, SRI SHIVARAJ S/O NAGAPPA BHERI, SMT. RAJESHWARI W/O THIMMANNA, SRI DEVARAJ S/O BHEEMARAYA, SMT. UMADEVI D/O BUDDAPPA, SMT. BUDDAMMA @ ANANDAMMA D/O BUDDAPPA (W/O YOBERAJA), SMT. PARVATI W/O SHIVAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO.200993 OF 2025 (438(Cr.PC)/482(BNSS))

Advocates:
For the Appellants/Petitioners: SMT. AMBIKA ISHWARAJ CHOWDAPUR
For the Respondents: SMT. ARATI PATIL, HCGP

The court clarified that anticipatory bail may be granted subject to conditions that facilitate ongoing investigations and uphold the integrity of the judicial process.

Headnote:(A) Section 482 of BNSS, 2023 - Anticipatory bail - Petition filed to direct the I.O. to release petitioners on bail in the event of their arrest in a case involving multiple grievous assault charges; court considers the absence of a wound certificate and the need for continued cooperation with the investigation. (Paras 2-10)

(B) Criminal Procedure - Anticipatory bail - Petitioners are alleged to be part of an unlawful assembly resulting in grievous injuries; claims of innocence presented; court allows petition with conditions including attendance and non-tampering of witnesses. (Paras 4-10)

Facts of the case:
Petitioners sought anticipatory bail after being named in a police complaint involving allegations of illegal entry and assault leading to grievous injuries to complainant and others. They claimed the complaint was false and intended to gain an upper hand in a civil dispute. (Paras 3-5)

Findings of Court:
The Trial Court did not provide a wound certificate, warranting more investigation; petitioners are to join the investigation while being granted bail subject to conditions to facilitate the inquiry. (Paras 8-10)

Issues: The main issues were the validity of the injuries claimed in the complaint and the justification for anticipatory bail in light of ongoing investigations.

Ratio Decidendi: The court held that cooperation with the investigation is paramount and established an appropriate procedure for the petitioners to engage with authorities while balancing their rights against the gravity of allegations. (Paras 10)

Result: Criminal petition is allowed with specified conditions.

Table of Content
1. nature of petition and grounds for anticipatory bail. (Para 2 , 3)
2. contentions and defenses raised by petitioners. (Para 4 , 5 , 6)
3. court considerations regarding investigation. (Para 7 , 8 , 9)
4. conditions set for the petitioners upon granting bail. (Para 10)
5. final ruling and directive issued by court. (Para 11)

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Smt.Ambika Ishwaraj Chowdapur, learned counsel for the petitioners and Smt.Arati Patil, learned High Court Government Pleader for the respondent –

State.

2. Petition under Section 482 of BNSS , 2023 with the following prayer:

“Criminal petition is filed under section 482 of BNSS praying to direct the I.O. to release the petitioners on bail in the event of their arrest in Crime No.61/2025 of Raichur Gabbur P.S. for the of the offences u/Sec. 189(2), 191(2), 191(3), 352, 115(2), 118(1), 118(2), 74, 329(4), 109, 351(2) R/W Sec. 190 of BNS 2023, pending on the file of Prl. Civil Judge (Sr. Dn.) and CJM Court, at Deodurga, Raichur.”

3. Facts in brief, which are utmost necessary for disposal of the present petition are as under:

Upon the complaint lodged by Huligemma W/o.

Hanumantha, Gabbur Police, Raichur registered a case in Crime No.61/2025 on 19.04.2025 for the offences punishable under Sections189(2), 191(2), 191(3), 352, 115(2), 118(1), 118(2), 74, 329(4), 109, 351(2) read with Section 190 of BNS, 2023.

3.1 Gist of the complaint averments would reveal that on 17.04.2025, when the complainant was in her house, accused No.1 – Shivappa S/o. Rachappa entered the house illegally and other accused persons had formed an unlawful assembly and they also followed accused No.1. Accused No.1 abused the complainant in filthy language, pulled her sari and other accused persons also joined accused No.1 and they assaulted the complainant. When the quarrel was sought to be pacified by Hanumanth, Ramakrishna and Udaykumar, the accused party assaulted them also with clubs and rods and all of them sustained grievous injuries.

3.2 Among the accused persons, lady folk in the guise of pacifying the quarrel, assaulted the complainant and slapped her. Neighbours and others came and pacified the quarrel and belated complaint came to be filed on 19.04.2025 at 6.30 p.m., which was registered in Crime No.61/2025.

3.3 The petitioners approached the District Court for grant of anticipatory bail. Same was rejected by the learned Sessions Judge.

4. Learned counsel for the petitioners would contend that the petitioners are innocent of the offences alleged against them and only with an intention to take an upper hand in the pending civil dispute, false complaint came to be lodged.

5. She would further contend that omnibus allegations are made against the petitioners and therefore, the petitioners may be granted anticipatory bail.

6. Per contra, learned High Court Government Pleader opposes grant of anticipatory bail and contended that injured persons have sustained grievous injuries and therefore, gravity of the offence is in aggravated form and therefore, sought for dismissal of the petition.

7. Having heard the arguments of both sides, this Court perused the material on record meticulously.

8. On such perusal of the material on record, it is crystal clear that before the Trial Court no wound certificate was furnished by the Government Pleader and even before this Court, learned High Court Government Pleader has not produced the wound certificate.

9. It is also noted that there are previous civil and criminal proceedings among the parties. Learned Sessions Judge was of the opinion that investigation is under progress, no case is made out for grant of anticipatory bail as it would affect the fair and proper investigation.

10. Taking note of these aspects of the matter, if the petitioners are directed to join the investigation on a particular day and cooperate with the Investigation Officer by undergoing a limited period of custodial interrogat

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