IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100199 OF 2025 (438(Cr.PC)/482(BNSS))

BETWEEN:

1. SMT. NIMBEVVA W/O. SHIDARAY BHAJANTRI, AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591265.

2. HANAMANT S/O. SATYEPPA MANE, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216.

3. RAVINDRA @ RAVI S/O. SHIDARAY BHAJANTRI, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. KAKAMARI, TQ. ATHANI, DIST. BELAGAVI-591265.

4. KRASHNAPPA @ CHINTU S/O. HANAMANT MANE, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. MANAKAPUR, TQ. NIPPANI, DIST. BELAGAVI-591216.

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF 5. SMT. SAVITA D/O. TAMMANNA K D D A H at R A e N : R 2 A W 0 T A 2 A D 5 K . 0 A B 2 E . N 06 CH BHAJANTRI @ SMT. SAVITA

15:06:38 +0530 W/O. LAXMAN BHAJANTRI, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. BIDARI, TQ. JAMKHANDI, DIST. BAGALKOT-587301.

…PETITIONERS (BY SRI. RAHUL S.KUNTOJI, ADVOCATE)

AND:

STATE OF KARNATAKA R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH PSI, ATHANI POLICE STATION, DIST. BELAGAVI-591304 …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.

(U/SEC. 482 OF BNSS, 2023) SEEKING TO, DIRECT THE ATHANI POLICE TO RELEASE THE PETITIONERS (ACCUSED NO.1, 5, 7, 9 AND 11) ON BAIL IN THE EVENT OF THEIR ARREST IN RESPECT OF ATHANI PS CRIME NO.0380/2024 REGISTERED FOR THE OFFENES P/U/SEC. 109, 115(2), 118(1) 118(2), 189(2), 190, 191(2), 191(3), 351(2) AND 352 OF BNS, 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ATHANI ON SUCH TERMS AND CONDITIONS.

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

CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

Heard learned counsel for the parties.

2. The petitioners/accused Nos.1, 5, 7, 9 and 11, who are investigated for the offences punishable under Sections 109, 115(2), 118(1) & (2), 189(2), 190, 191(2) & (3), 351(2), and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, have approached this Court seeking enlargement on regular bail.

3. The case of the prosecution is that when the complainant and his family members stepped out of their house, the petitioners and others allegedly threw chili powder into the complainant’s eyes. They then forcibly entered the complainant’s house, armed with sickles and talwars, with the alleged intent to kill the complainant’s sons, Sudheer and Vajramuni. It is further alleged that they assaulted Sudheer and Vajramuni on their stomachs and hands with sickles and also attacked the complainant’s husband with a sickle. Additionally, one Anand was allegedly struck on the head with an axe, resulting in grievous injuries and life-threatening harm to the victims. The injured persons initially received treatment at the Government Hospital, Athani, and later continued their treatment at Miraj Hospital.

4. The injured victims, who sustained grievous injuries, have since been discharged from the hospital. The offence under Section 109 of the BNS, 2023, carries a punishment of a minimum of 10 years, extendable to life imprisonment. However, there has been no recovery of any weapons allegedly used in the commission of the crime from the petitioners. Moreover, the specific allegation of assaulting Anand with an axe is attributed to accused No.10, and no direct role in the assault has been assigned to the present petitioners.

5. Considering the stage of investigation and the nature of allegations, the petitioners/accused Nos. 1, 5, 7, 9, and 11 have made out a prima facie case for grant of regular bail. Accordingly, I proceed to pass the following. Accordingly, I proceed to pass the following:

ORDER

a. The appeal is allowed b. The petitioners/accused Nos.1, 5, 7, 9 and 11 are enlarged on anticipatory bail, in the event of their arrest, in Crime No.380/2024, registered by Athani Police Station, for the of