(Prayer: This Crl.P is filed u/S 439 Cr.P.C (u/S 483 BNSS) by the advocate for the petitioner praying to enlarge the Petitioner on Bail In Cr.No.94/2026 registered by Konanur P.S., pending before the Addl. Civil Judge (Sr.Dn) and CJM, Arakalgud, Hassan, for the offences p/u/S 109,115(2),74,351(2),352,118(1) r/w 3(5) of BNS, 2023 and etc.)
Oral Order
1. Accused Nos.1 and 2 in Crime No.94/2026 registered by Konanur Police Station, Hassan District for offence punishable under Sections 109, 115(2), 74, 351(2), 352, 118(1) r/w 3(5) of BNS, 2023 are before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.94/2026 was registered by Konanur Police Station, Hassan District for the aforesaid offences against the petitioners herein and another based on the first information dated 17.05.2026 received from Smt.Prathima who is one of the victims in the present case.
4. During the course of investigation, petitioners herein were arrested on 18.05.2026 and remanded to judicial custody. Their bail applications filed before the jurisdictional Sessions Court in Crl.Misc. No.533/2026 was rejected on 06.06.2026. Therefore, they are before this Court.
5. Perusal of the material on record would go to show that the family of the petitioners and the family of the first informant have some serious civil dispute between themselves. On the alleged date of incident, in the background of the civil dispute, accused No.1- Paramesha after quarrelling with Manje Gowda, who is the brother-in-law of the first informant, had assaulted him with a machete on his head causing blood oozing injuries. When Harish who is the husband of the first informant tried to interfere, accused No.2 assaulted him with a sprinkler pipe and caused injuries. Thereafter, accused No.1 tried to outrage the modesty of the first informant and at that time, villagers who came there, rescued her and the accused persons left the spot. Manje Gowda, who was assaulted by accused No.1 has suffered three injuries and the third injury which is on his knee is said to be a grievous injury, while the other two are simple injuries. Harish, who is said to have been assaulted by accused No.2 has suffered two injuries which are said to be simple injuries.
6. Learned HCGP has brought to the notice of this Court that petitioners are involved in two other criminal cases registered against them earlier.
7. Under the circumstances, I am of the opinion that their prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions.
8. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.94/2026 registered by Konanur Police Station, Hassan District for offence punishable under Sections 109, 115(2), 74, 351(2), 352, 118(1) r/w 3(5) of BNS, 2023, subject to the following conditions:
a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of.
f) Petitioners shall appear before the Station House Officer of Konanur Police Station, Hassan on the second and fourth Sunday of every month between 10.00 a.m. and 1.00 p.m. and mark their attendance till the investigation of the case is completed and final report is filed in the present case.
