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Judgment
Shivashankar Amarannavar, J
This petition is filed by accused Nos. 1, 3 and 5 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 180/2025 of Madhugiri Police Station registered for offence punishable under Sections 115(2), 118(1), 109, 352, 3(5) of BNS.
Heard learned counsel for petitioners and learned HCGP for respondent - State.
Learned counsel for petitioners would contend that there was a quarrel between the petitioners, first informant and his wife with regard to washing of utensils in front of house of first informant. In the said quarrel, both sides sustained injuries. The allegation against the petitioners is that they pushed the first informant and his wife, assaulted them and therefore they sustained injuries. There is a counter complaint filed by petitioner No. 1 registered in Crime No. 181/2025. In the said incident petitioner No. 1 and one Shravani had sustained injuries. As there is a counter complaint who is the aggressor is to be ascertained at the time of investigation. Injured have been discharged from the hospital. There was no intention on the part of the petitioners and therefore, offence under Section 109 of BNS is not attracted. Petitioners have undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With this he prayed to allow the petition.
Per contra learned HCGP would contend that wound certificate of first informant and his wife indicate that they have sustained one grievous injury and two simple injuries each. Investigation is in progress. With this, he prayed to reject the petition.
Having heard learned counsel for the parties the Court has perused the FIR, complaint and other materials placed on record.
There was a quarrel between accused persons and first informant and his wife with regard to washing of utensils in front of the house of the first informant. In the said quarrel, first informant, his wife, petitioner No. 1 and one Shravani have sustained injuries. Petitioner No. 1 had also filed a complaint and it is registered in Crime No. 181/2025. The first informant and his wife have sustained one grievous and two simple injuries each. There is a case and counter case. Who is the aggressor is required to be ascertained after investigation and at the time of trial. Injured have been discharged from the hospital and they are out of danger. There are no criminal antecedents of the petitioners.
Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions.
In the result, the following
ORDER
Petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in Crime No. 180/2025 of Madhugiri Police Station subject to following conditions:
I. Petitioners shall voluntarily appear before the Investigating Officer/jurisdictional Court within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer/jurisdictional Court.
II. Petitioners shall not tamper the prosecution witnesses either directly or indirectly.
III. Petitioners shall cooperate with the Investigating Officer in further investigation, if any.
IV. Petitioners shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.