DbRKLCKD y oA a U o i h g c ru a L MD i n ar r t MR t a a t w A i t l o AA o L a l a y nf YT L dk : YH Is a B K H i A , g e A i n g n Re h c Jd h U N ( BY SR T I H A IS B H C I R S I H M E I K N A M L A L P I E P T A I T T I I L O , N H C IS G P F ) I L ED UNDER

S R E E C S T P I O O N N D E 4 N 82 T OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.06/2026 BY ILKAL PS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109(1), 115(2), 117(2), 118(1), 189(2), 190, 352, 351(2) 191(2) OF BNS, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, HUNAGUNDA, BAGALKOT DISTRICT, IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, Hereinafter referred to as the ‘Cr.P.C.’ / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Hereinafter referred to as the ‘BNSS, 2023’, seeking to enlarge the petitioner/accused No.1 on anticipatory bail with the following prayer:

PRAYER

“WHEREFORE, the petitioner/accused No.1 most humbly prays that this Hon’ble Court may kindly be pleased to grant anticipatory bail in the event of his arrest in Crime No.6/2026 by the Ilkal PS for the offence punishable under Section 109(1), 115(2), 117(2), 118(1), 189(2), 190, 352, 351(2), 191(2) of BNS, pending on the file of Senior Civil Judge and JMFC Court, Hunagunda, Bagalkot Dist, in the interest of justice.”

It is the brief case of the prosecution as per the averments made in the complaint and the FIR that there was a dispute regarding pathway between the complainant and the accused. It is alleged in the complaint that the petitioner/accused No.1 and other accused persons have assaulted the complainant. Therefore, the complainant lodged the complaint against the accused persons and the case was registered for the offence as stated above.

Learned counsel for the petitioner/accused No.1 submitted that the complaint filed against the petitioner/accused No.1 is false one. It is further submitted that accused No.1 has filed a counter complaint, which is registered as Crime No.7/2026 against the complainant herein. Therefore, it is a case and counter case registered in Crime Nos.6/2026 and 7/2026. It is further submitted that accused Nos.2 to 4 have already been enlarged on the benefit of anticipatory bail. Further, the petitioner had also sustained injuries, as the complainant allegedly assaulted him. Therefore, both the complainant and the petitioner were admitted to the hospital and now the complainant has been discharged from the hospital. It is therefore submitted that the dispute is fundamentally a property dispute, which has been turned into a criminal case and the truth and veracity of the complaints are to be tried in the trial. The offences alleged are not punishable with death or imprisonment for life. Hence, it is prayed that the benefit of anticipatory bail be extended to the petitioner/accused No.1.

Learned HCGP vehemently opposes the grant of bail to the petitioners and prays for rejection of the petition.

Upon considering the materials available at this stage as well as the averments made in the complaint and the FIR, it appears that the dispute between the parties pertains to a pathway. The allegation against the petitioner is that he has encroached property of the complainant, which allegation is denied by the petitioner. Therefore, it appears that the alleged incident has arisen out of the said property dispute. The background for the registration of the FIR is related to the said property dispute.

It is further submitted that the petitioner/accused No.1 has also lodged a complaint against the complainant herein, which is registered in Crime No.7/2026. Thus, in respect of the very same incident, a case and counter case have bee