(Prayer: This Criminal Petition is filed under Section 482 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.)

Oral Order

1. This petition is filed under Section 438 of the Code of Criminal Procedure, 19731 / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20232, 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."

2. It is the brief case of the prosecution as per the averments made in the complaint and the FIR that there was a Hereinafter referred to as the 'Cr.P.C.' Hereinafter referred to as the 'BNSS, 2023' 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.

3. 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.

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

5. 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.

6. 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 been registered in Crime Nos.6/2026 and 7/2026.

7. Further, the learned HCGP submitted that the complainant in the present case now has been discharged from the hospital. It is also submitted that accused Nos.2 to 4 have already been released on bail. Therefore, the benefit of anticipatory bail on parity also be extended in favour of the present petitioner. Therefore, without expressing any opinion on the merits of the case and considering that the registration of the crime arises out of a property dispute, this Court is of the opinion that the petitioner is entitled to the benefit of anticipatory bail.

8. Hence, I proceed to pass the following:

ORDER

          a) The petition is allowed.

          b) The petitioner/accused No.1 is enlarged on bail in the event of his arrest in Crime No.6/2026 of Ilkal Police Station, registered for the offence punishable under Sections 109(1), 115(2), 117(2), 118(1), 189(2), 190, 352, 351(2), 191(2) of the Bharatiya Nyaya Sanhita, 2023, pending on the file of Senior Civil Judge and JMFC, Hunagunda, Bagalkot District, subject to the following conditions.

          a. The petitioner/accused No.1 shall appear before the trial Court and shall seek for bail within ten days from the date of receipt of a copy of this order.

          b. The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- along with one surety for the like sum to the satisfaction of the Trial Court.

          c. The petitioner/accused No.1 shall not indulge in the same offence or any other criminal cases, till completion of the trial.

          d. The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.

          e. The petitioner/accused No.1 shall not tamper and threaten the prosecution witnesses in any manner.

          f. The petitioner/accused No.1 shall mark his attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m till filing final report.

          g. The petitioner/accused No.1 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.

          h. Violation of any one of the conditions would entails the prosecution to seek for cancellation of bail.