IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200664 OF 2025 (438(Cr.PC)/482(BNSS))

BETWEEN:

1. S. UPENDRA @ UPENDRAREDDY S/O RAJU @ RAJENDRAREDDY, AGE: 24 YEARS, OCC: BUSINESS, R/O H.NO.10-8-61/1, NEAR LAXMAMMA TEMPLE, MAKTALPET, RAICHUR–584101.

2. GURUSWAMY @ PANDUREDDY @

GURUSWAMYREDDY, S/O GOPALREDDY, AGE: 23 YEARS, OCC: BUSINESS, R/O H.NO.10-8-54 MAKTALPET, RAICHUR-584101.

…PETITIONERS (BY SRI BASAVARAJ KAREDDY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, RAICHUR WEST POLICE STATION, THROUGH ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103 …RESPONDENT (BY SRI G.B. YADAV, HCGP)

THIS CRL.P. IS FILED U/SEC. 482 OF BNSS, 2023 PRAYING TO, ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO.30/2025 OF RAICHUR WEST POLICE STATION, RAICHUR U/SEC 109, 115(2), 118(1), 352, 351(2), R/W 3(5), PENDING ON THE FILE OF IV^TH ADDL.

JMFC, RAICHUR.

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

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

This petition is filed by accused Nos.1 and 2 seeking anticipatory bail in the event of their arrest in Crime No.30/2025 of Raichur West Police Station, Raichur, for the offences punishable under Sections 109, 115(2), 118(1), 352, 351(2) read with Section 3(5) of BNS, 2023.

2. It is the case of the prosecution that the respondent/police, after visiting Sri Shivam Hospital, received a written complaint which indicates that on 12.03.2025 at about 10-57 a.m., accused No.1 asked the brother of the complainant to come near Krishna Meadows main gate. Accordingly, the complainant and his brother went near the said gate. There, they found that accused Nos.1 and 2 were present. When his brother was talking with Guruswamy, who is accused No.2 regarding certain vulgar massages in snap chat, all of a sudden, accused No.1 pushed his brother and fell him down on the ground and thereafter accused No.2 assaulted with hands to his brother. Again accused No.1 by scolding in a vulgar language, took the knife and assaulted on different parts of the body. In the meantime, when the complainant tried to pacify the matter, he was also assaulted by all of them. Thereafter, he shifted his brother to the hospital for treatment. There, they gave a written complaint to the respondent/police. The investigation is under process. 3. It is the submission of the learned counsel for the petitioners that the petitioners are the residents of Raichur and they are aged about 24 and 23 years respectively. Both are the businessmen. They have been falsely implicated in this case due to some old enmity between the complainant and the petitioners. There are some contradictions in the complaint. Moreover, even though it is stated in the complaint that accused No.1 assaulted the injured with knife on different parts of the body, he has been discharged from the hospital and he is out of danger. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. They will abide the conditions that may be imposed by this Court in the event of their arrest of bail. Making such submissions, he prays to allow the petition.

4. Per contra, the learned High Court Government Pleader vehemently submitted there is a motive to quarrel with the complainant and his brother. Accused No.2 stated to have sent the vulgar massages to the sister-in-law of the complainant. There was a talk between accused No.2 and brother of the complainant in respect of sending these massages. At that time, all of them started quarreling with the brother of the complainant.

5. It is further submitted that accused No.1 assaulted on the vital part of the body of the complainant with knife which would indicate that he had intention to commit the murder of the complainant and his brother. Therefore, the petitioners are not entitled for any relief as prayed for. Making su