Jagdeesh & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

Criminal Petition No.16198/2025 is filed by accused Nos. 5 and 7 under Section 483 of the BNSS, Criminal Petition No.16231/2025 is filed by accused No.11 under Section 482 of the BNSS and Criminal Petition No.192/2026 is filed by accused Nos.3,4,6,8 and 9 under Section 483 of the BNSS. All three petitions are filed seeking bail/anticipatory bail in Crime No.310/2025 of Shikaripura Rural Police Station registered for offences under Sections 189(2), 191(2), 191(3), 352, 126(2), 109, 118(1), 115(2), 351(3) and 190 of BNS.

Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent -State.

Learned counsel for petitioners would contend that the serious overtact of assault on the head of C.W.1 is by accused Nos.1 and 2. Overtact alleged against petitioners is not an vital part. The weapons have been seized found on the spot under mahazar. There is civil dispute between accused persons and C.W.1 to C.W.3 with regard to landed property. As the charge sheet is filed, the petitioners are not required for further custodial interrogation/custodial interrogation. With these, he prays allow petitions.

Per contra, learned High Court Government Pleader for the respondent -State would contend that there was civil dispute between the petitioners and the C.W.1 to 3. The wound certificate of C.W.1 to 3 indicates that they have sustained severe injury. The FSL report indicates that the weapons seized from the spot are blood-stained. Eye witnesses have stated overtact of each of petitioners assaulting C.W.1 to C.W.3. The charge sheet materials show prima facie case against the petitioners for offences alleged against them. With this, she prayed to reject the petition.

Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

As per column No.17 of the charge sheet, on 24.10.2025 at about 10.00 p.m., accused Nos.1 to 10 and juvenile -accused-Yashwant formed an lawful assembly and they were holding deadly weapons. Accused Nos.1 and 2 stopped the bike of C.W.18, accused No.1 abused C.W.1 in filthy words. Accused No.1 assaulted C.W.1 with Kandli on his head. Accused No.1 took the said Kandli from accused No.1 and assaulted C.W.1 on the back of his head and C.W.1 fell down. At that time, accused No.3 took the club from that place and assaulted C.W.1 on his back, accused No.5 assaulted C.W.1 on his face with hands. Accused Nos.6 to 8 assaulted C.W.1 with club on his body. Accused No.9 and juvenile kicked C.W.1 on his waist, back and chest. Accused No.11 assaulted C.W.1 with club on his body. At that time, C.W.2 and C.W.4 went to pacify the quarrel. At that time, accused No.4 assaulted C.W.2 with milk can on his waist and back. On hearing the sound of galata, C.W.3 came to the spot. At that time, accused No.1 assaulted him with club on his shoulder, hands, body, and caused injuries.

Petitioners in all three petitions are accused Nos.3 to 9 and 11. The wound certificate of C.W.1 indicates that he has sustained five cut lacerated wound on parietal and occipital region and one injury on his left knee and it is abrasion. The allegation of assault on the head on C.W.1 is by accused Nos.1 and 2. Overtact alleged against accused Nos.3, 5 and 6 to 8 is assault on back, leg, face and body. There are no corresponding injuries found on C.W.1. C.W.2 has sustained four abrasions on right leg, lower back, and lower abdomen, and they are stated to be simple injuries. C.W.2 is stated to have been assaulted by accused No.4 with milk can on his waist and back and they are not vital parts. C.W.3 has sustained five injuries. The allegation of assault on C.W.2 is by accused No.4. Considering the above aspects, there are no serious overtacts alleged against these petitioners assaulting injured persons on vital parts. The assault on vital parts is alleged against accused Nos.1 and 2. There is civil dispute between accused Nos.1 and 2 and C.W.1 to C.W.3. There was earlier case registered against C.W.1 to C.W.3 in Crime No.182 of 2023 of Shikaripura Rural Police Station. There are no criminal antecedents of petitioners. Petitioner Nos.3 to 9 are in judicial custody and as the charge sheet is filed, they are not required for further custodial interrogation. Considering the above aspects, the petitioners have made out case for grant of bail/anticipatory bail with conditions.

In the result, the following

ORDER

i) All the three petitions are allowed.

ii) Accused Nos.3 to 9 are granted bail and accused No.11 is granted anticipatory bail in Crime No.310/2025 of Shikaripura Rural Police Station subject to following conditions:

a) Petitioners -accused Nos.3 to 9 shall execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Jurisdictional Court.

b) Petitioner -accused No.11 shall appear before the jurisdictional Court within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court.

c) Petitioners -accused Nos.3 to 9 and 11 shall not tamper the prosecution witnesses either directly or indirectly.

d) Petitioners -accused Nos.3 to 9 and 11 shall appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.

e) Petitioners -accused Nos.3 to 9 and 11 shall not involve in commission of any offence. If petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them.