IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100276 OF 2025 [439(CR.PC)/483(BNSS)]

BETWEEN:

1. MARIYAPPA S/O. HULAGAPPA BISTI, AGE: 49 YEARS, OCC. AGRICULTURE, 2. HULLESH S/O. MARIYAPPA BISTI, AGE: 49 YEARS, OCC. AGRICULTURE, 3. CHENNAPPA S/O. HUSENAPPA NARINALA, AGE: 35 YEARS, OCC. AGRICULTURE, 4. MANJUNATH MRKAUA LDL MRLIAA KYT AYH RAJUN DsMRK D21+ i 04 AU i a g 0 A g 2: t L n 5 D 2 L i e5 t 3 e M 0 : RL a . d 0 0: I l AA 3 K 2 by 3 YT . Ay 0 YH R 7 AJUN S A / G O E . : D 3 U 5 R Y G E A A P R P S A , O BI C S C T . I , A GRICULTURE, 5. VEERESHA S/O. MARIYAPPA BISTI, AGE: 26 YEARS, OCC. AGRICULTURE, 6. HUSHENAPPA S/O. SHAMANNA BISTI, AGE: 33 YEARS, OCC. AGRICULTURE, 7. VEERESHA S/O. HANAMANTHAPPA BISTI, AGE: 32 YEARS, OCC. AGRICULTURE, 8. PAMANNA S/O. HULAGAPPA BISTI, AGE: 26 YEARS, OCC. AGRICULTURE, ALL ARE R/O. HARIJANA WARD, TAWARAGERA, TQ. KUSHTAGI, DIST. KOPPAL-583279.

… PETITIONERS (BY SRI ARAVIND D. KULKARNI, ADVOCATE)

AND:

STATE OF KARNATAKA, THROUGH TAVARAGERA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011.

… RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP)

THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS, SEEKING TO GRANT OF REGULAR BAIL TO THE PETITIONERS/ACCUSED NO.1 TO 3, 6, 7, 8, 10 AND 12 IN CRIME NO.152/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/S. 109, 115(2), 118(1), 189(2), 190, 191(2) (3), 351(2), 352 OF BHARATIYA NYAYA SANHITA, (BNS) 2023, ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE AT KOPPAL.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of regular bail in Crime no.152/2024 by Tavaregera Police Station for offences punishable under Sections 109, 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(2) and 352 of Bharatiya Nyaya Sanhita (‘BNS’ for short) by accused no.1, 2, 3, 6, 7, 8, 10 and 12 (petitioners).

2. Sri Aravind D. Kulkarni, learned counsel for petitioners submitted case of prosecution was that a complaint was filed by Pramoda Durgesh Narinala at 10:45 p.m., on 06.12.2024 stating that at 9:15 p.m., on same day when complainant along with neighbours Ravi Narinala, Chandrappa and Hanumantha were sitting in Thayamma temple, accused came in a group armed with deadly weapons, abused complainant and her friends in filthy language and Hullesh Bisti assaulted Pramoda with chopper on backside of her neck, Mariyappa Basti assaulted Ravi Narinala with chopper, Basavaraj Bisti assaulted Channappa Narinala with chopper and club on his head and left hand, Holiyappa Chalageri assaulted Chandrappa Narinala on his head with axe, Manjunatha Bisti assaulted Hanumantha Narinala with rod on his left forearm, Veeresh Bisti, Hussainappa Bisti and Mariyamma Bisti assaulted complainant and Ravi Narinala with clubs while Veeresh, Laxmi Bisti and Pamanna Bisti were pelting stones. In meanwhile, Manjunath, Veeresh and Ganesh came to spot and pacified matter. Thereafter, accused left by threatening complainant and others on their life. It was further stated that due to injuries sustained, complainant and others were shifted to Tavaregera Government Hospital. In view of MLC intimation, their statements were recorded and complaint in Crime no.152/2024 was registered for offences as stated above. 3. It was submitted, as per complainant, incident occurred on 06.12.2024 at 9:15 p.m. But, it was case of political rivalry between two groups and petitioners were falsely implicated. It was submitted, present accused no.9 had filed complaint registered as Crime no.153/2024 for offences punishable under Sections 74, 109, 115(2), 118(1), 189(2), 190, 191(2)(3), 324(4), 329(4), 351(2) and 352 of BNS against 14 persons including complainant herein. It was submitted, incident mentioned t