(Prayer: This Criminal Petition is filed under Section 482 of BNSS/438 of Cr.P.C., praying to allow the bail of the petitioner/Accused No.1 by issuing direction to the respondent police to release the petitioner on bail in the event of his arrest in Crime No.29/2026 of Idapanur Police Station, Yeragera Circle, Tq. & Dist. Raichur, pending before Prl. Senior Civil Judge and J.M.F.C. at Raichur, for the offences punishable under Sections 352, 118(1), 109, 55, 351(2) r/w. Section 3(5) of BNS Act.

This Criminal Petition is filed under Section 482 of BNSS(New)/438 of Cr.P.C.(Old), praying to allow the bail by issuing direction to the respondent police to release the Accused No.2 and 3/Petitioners on Bail in the event of their arrest in Crime No.29/2026 registered by Idapanur Police Station, Yeragera Circle, Tq. & Dist. Raichur, pending before Prl. Senior Civil Judge & J.M.F.C., Raichur, for the offences punishable u/Secs. 352, 118(1), 109, 55, 351(2) r/w Sec. 3(5) BNS Act.)

Oral Order

1. Both these petitions are arising from the same incident and hence, with consent they are taken up for disposal together by a common order.

2. Crl.P. No.200668/20026 is filed by the accused No.1 and Crl.P.No.200669/2026 is filed by the accused No.2 and 3 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), praying for an order to grant them anticipatory bail in the case in Crime No.29/2026 of the respondent/Police registered for the offences punishable under Sections 352, 118(1), 109, 55, 351(2) read with Section 3(5) of BNS.

3. Inspite of sufficient opportunities, the respondent/State has not chosen to file objections. However, learned High Court Government Pleader for the respondent orally objects to the petitions and prays for dismissal of the petitions.

4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. Perused the relevant materials on record.

5. The case alleged against the petitioners is that there was a dispute regarding plot between the injured/victim and the accused No.1. In that connection on 03.04.2026 at about 12.10 p.m., the accused took up quarrel with the injured in front of his house and abused him in filthy language. The accused No.2 and 3 instigated the accused No.1 to cause death of the injured/victim and accordingly, in the said incident, the accused No.1 took out a small knife from his trouser pocket and assaulted the victim on the left shoulder, left hand finger and chest organs and tried to cause death of the victim and accordingly, the petitioners/accused No.1 to 3 have committed the alleged offences.

6. The materials on record would show that there is civil dispute between the victim and the injured regarding the plot. Moreover, the contention of the learned counsel for the petitioners is that there was no intention in the accused No.1 of causing death of the injured/victim.

7. On the other hand, as submitted by the learned High Court Government Pleader, the accused No.1 assaulted the victim with the knife. But the discharge summary document regarding the injured would show that the injured suffered lacerated wound over the right portion of chest and he was treated as inpatient only for one day and he was already discharged on the next date of the date of the admission.

8. Moreover, the allegation against the accused No.2 and 3 is that they instigated the accused No.1 for quarreling with the victim. There is no material forthcoming on the record to show that there is antecedent against the accused No.1 to 3 that they committed any similar offence or any offence earlier. Moreover, the offence alleged against the petitioners is not punishable with death. The petitioners are residents of Tungabhadra village of Raichur taluk within the jurisdiction of learned Magistrate and also of the Court of learned Sessions Judge. There is no reason to disbelieve the grounds put forth by the petitioners. Under these circumstances, the petitioners are entitled to anticipatory bail as sought for in the petition and therefore, both the petitions filed by petitioners deserve to be allowed.

9. In the result, I proceed to pass the following:

ORDER

          Both the petitions are allowed. Consequently the respondent Police is directed to release the petitioners/the accused No.1 to 3 in the event of their arrest in the case in Crime No.29/2026 of respondent Police for the offences punishable under Sections 352, 118(1), 109, 55, 351(2) r/w Section 3(5) of BNS, subject to the following conditions that:

          1. The petitioners/the accused No.1 to 3 shall appear before the Investigating Officer within a period of 15 days from the date of receipt of copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer.

          2. They shall appear before the investigating officer once in a month preferably on the tenth day of every month commencing from 10.06.2026 till filing of the final report.

          3. They shall not hamper further investigation of the case and shall not tamper with prosecution witnesses in any manner.

          4. They shall assist the respondent police in further investigation of the case and shall appear before them as and when required, and

          5. The petitioners shall not commit any similar offences or any offences during pendency of the case.