Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 7315 OF 2026 BETWEEN:
1. MAHESH @ MAHESH KUMAR S/O NAGARAJU AGED ABOUT 49 YEARS, R/AT 10TH WARD HALLADKERI GUNDLUPETE - 571 111
2. PRAKASH A.V. S/O VEERACHARI AGED ABOUT 49 YEARS, R/AT ANKANAHALLI VILLAGE DODDAJATAKA POST BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT - 571 418 Digitally signed by VINUTHA B S 3. GAYATHRI Location: High D/O BHAGYAMMA Court of Karnataka AGED ABOUT 50 YEARS, R/AT JANATHA COLONY MALLATHAHALLI BENGALURU SOUTH BENGALURU - 560 056 …PETITIONERS (BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE) -2- AND:
STATE BY STATION HOUSE OFFICER, AMRUTHURU POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU-560001 …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PETITION, GRANT AN ORDER OF ANTICIPATORY BAIL AND
DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.71/2026, FOR THE OFFENCES P/U/S 115(2), 118(1), 76, 54, 351(2) R/W 3(5) OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, KUNIGAL, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND -3-
ORAL ORDER
Learned High Court Government Pleader accepts notice for the respondent.
2. This petition is filed under Section 482 of BNSS, 2023
by accused Nos.1, 2 and 3 in Crime No.71/2026 registered by Amruthuru Police Station, Tumkuru District for the offences punishable under Sections 115(2), 118(1), 76, 54, 351(2) read with Section 3(5) of BNS, 2023.
3. Learned counsel for the petitioners submits that the
alleged incident was among the family members on a trivial issue and there was no intention in causing any injuries. It is submitted that the complainant/daughter did not suffer any injuries in the alleged incident. It is also submitted that petitioners No.1 and 3 are neighbours who attempted to pacify the quarrel among the family members. They are implicated in the criminal proceedings.
4. Learned HCGP submits that if the petitioners are granted bail they may not co-operate in the investigation. -4-
5. Considering the submissions made by learned counsel
for the petitioners and learned HCGP for respondent and perusal of the complaint it is clear that the alleged incident is among the family members and the neighbours interfere to pacify the quarrel between the family members. The complaint does not satisfy presence of any ingredients to attract the alleged penal provisions. This Court having regard to the nature of dispute and the relation between the petitioners and the complainant is of the view that there is no impediment to grant anticipatory bail to the petitioners. Accordingly following:
ORDER
The Criminal Petition is allowed. The respondent-Police is directed to release the petitioners/accused No.1, 2 and 3 in the event of their arrest in Crime No.71/2026 registered by Amruthuru Police Station, Tumkuru District for the offences punishable under Sections 115(2), 118(1), 76, 54, 351(2) read with Section 3(5) of BNS, subject to the following conditions: -5-
(i) The petitioners/accused No.1, 2 and
3 shall appear before the Investigating Officer within 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/- (Rupees One Lakh) only with two sureties for the likesum to the satisfaction of the Investigating Officer.
(ii) Petitioners shall regularly appear before the Trial court without fail unless exempted by the Trial court for valid reasons.
(iii) Petitioners shall not tamper with the prosecution witness and shall co-operate with the Police for investigation and appear before them whenever called upon.
(iv) The petitioners shall not involve in any offences in future. Sd/- (K. V. ARAVIND) JUDGE RJ / CT-SG / List No.: 1 Sl No.: 82