Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5976 OF 2026 BETWEEN: A KRISHNAPPA S/O LATE SANJEEVAPPA AGED ABOUT 54 YEARS MALLSANDRA VILLAGE SASALU HOBLI DODDABALLAPURA TALUK BANGALORE - 561 203. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY PAVAGADA POICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF BUILDING BANGALORE - 560 001.
Digitally signed …RESPONDENT by NANDINI M S (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; Location: HIGH SRI LAKSHMIKANTH K, ADV., FOR R-2) COURT OF KARNATAKA THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.85/2026 OF PAVAGADA POLICE STATION FOR THE OFFENCES P/U/S 108 OF BNS PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC AT PAVAGADA TUMAKURU DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY -2-
ORAL ORDER
1. The petitioner, who is apprehending arrest in Crime
No.85 of 2026 registered by Pavagada Police Station, Tumakuru for offence punishable under Section 108 of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.85 of 2026 was registered by
Pavagada Police Station, Tumakuru for the aforesaid offence against petitioner herein, based on the first information dated 21.03.2026, received from Smt. Jayalakhsmi, wife of deceased Mallikarjunaiah. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5111 of 2026 which was rejected by the jurisdictional Sessions Court on 08.04.2026. Therefore, he is before this Court.
4. It is brought to the notice of this Court that
petitioner has already approached this Court under Section 528 of BNSS, 2023 in Criminal Petition No.5095 of 2026, with a prayer to quash the entire proceedings as against him in Crime -3- No.85 of 2026 registered by Pavagada Police Station. In the said case, the Co-ordinate Bench of this Court has directed the Investigation Officer not to take coercive steps as against the petitioner and has also directed the petitioner to cooperate with police for the purpose of investigation.
5. Learned counsel for the petitioner submits that,
petitioner has cooperated with the police for the purpose of investigation and the said submission is not seriously disputed by learned HCGP. Learned HCGP submits that, in view of the
order passed by the Coordinate Bench of this Court in Criminal
Petition No.5095 of 2026, the police do not intend to arrest the petitioner for the present. Therefore, there cannot be any apprehension of arrest by the petitioner, at this stage.
6. In view of the aforesaid, this Criminal petition is
disposed of with liberty to the petitioner, to renew his bail application, subject to the outcome of Criminal Petition No.5095 of 2026. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 76