IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13843 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. MALLEGOWDA S/O, LATE NINGEGOWDA AGED ABOUT 59 YEARS.

2. MANJU N.M S/O MALLEGOWDA AGED ABOUT 55 YEARS.

3. MAHADEVA N.M S/O MALLEGOWDA AGED ABOUT 35 YEARS.

ALL ARE RESIDING AT:

NAGARAGHATTA VILLAGE KELLUR POST RAVANDUR HOBLI Digitally signed by PERIYAPATNA TALUK LAKSHMINARAYANA MYSORE – 571 108.

MURTHY RAJASHRI Location: HIGH …PETITIONERS COURT OF KARNATAKA (BY SRI. PRATHEEP.K.C, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY PERIYAPATNA POLICE STATION MYSURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

…RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.253/2025 PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C PERIYAPATNA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352,109,126(2),118(1),115(2) R/W 3(5) OF BNS BY PERIYAPATNA POLICE.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by petitioners –accused Nos.1 to

3 under Section 482 of BNSS praying to grant anticipatory bail in respect of Crime No.253/2025 of Piriyapatna Police Station registered for offences punishable under Sections 352, 109, 126(2), 118(1), 115(2) read with Section 3(5)

of BNS.

2. Heard learned counsel for the petitioner and learned Additional SPP for respondent –State.

3. Learned counsel for petitioner would contend that petitioner Nos.2 and 3 have filed suit in O.S.No.179/2025 against this complaint and his family members wherein exparte injunction has been granted. The complainant and his family members interfered with the possession of petitioners and quarreled with them and in this quarrel both sustained injuries. The complainant and his family members are aggressors. Petitioner No.1 has filed a complaint in Crime No.251/2025. The complainant has also filed suit in O.S.No.195/2024 against petitioners for partition and it is pending. All the three injured have sustained simple injuries. Petitioners are ready to co-operate with the police in investigation and abide by conditions to be imposed by this Court. With this he prayed allow the petition.

4. Per contra, learned Additional SPP for the respondent –State would contend that there were civil disputes between petitioners and complainant and his family members. The injured have sustained simple injuries. Petitioners are required for interrogation. With this, she prayed for rejection of the petition.

5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed record.

6. A case has been registered in Crime No.253/2025 of Piriyaptna Police Station on the complaint of one Rajegowda against petitioners for aforesaid offences. Petitioner No.1 has also filed complaint and case has been registered in Crime No.251/2025 of Piriyapatna Police Station against complainant - Rajegowda and four others for offences under Section 352, 115(2), 118(1), 109 and 3(5) of BNS. Considering the said aspect there is case and counter case. There are civil disputes among petitioners and complainant and his family members. As there is complaint and counter complaint, who is aggressor is matter of investigation. Petitioners have undertaken to co-operate with police in the investigation. All three injured have sustained two simple injuries each. There are no criminal antecedents of petitioners.

Considering above aspects, petitioners have made out case for grant of anticipatory bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) Petitioners –accused Nos.1 to 3 are ordered to be released on bail in the event of their arrest in