[Cites 5, Cited by 0]
Karnataka High Court
Mr.Puttaswamy Gowda M S vs State Of Karnataka on 9 April, 2026
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CRL.P No. 3116 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO.3116 OF
2026(438(Cr.PC)/482(BNSS))
BETWEEN:
MR. PUTTASWAMY GOWDA. M. S
@ SANTHOSA @ SANTHU,
AGED ABOUT 38 YEARS,
SON OF M.K. SHIVANNA @ SHIVEGOWDA,
RESIDING AT
MANDALEEKANAHALLI VILLAGE,
HIRISAVE HOBLI, CHANNARAYAPATTNA,
HASSAN-573 116.
...PETITIONER
(BY SRI. N.S. SRIRAJ GOWDA, ADVOCATE)
Digitally AND:
signed by
PAVITHRA STATE OF KARNATAKA,
N BY KUDUR POLICE STATION,
Location: SHIVAGANGE ROAD,
High KUDUR-561 101.
Court of REPRESENTED BY
Karnataka THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE.
...RESPONDENT
(BY MS. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482
BNNS) PRAYING TO PASS AN ORDER, ENLARGING THE
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CRL.P No. 3116 of 2026
HC-KAR
PETITIONER no.4 ON ANTICIPATORY BAIL IN CRIMINAL CASE
NO.6706/2024 FOR THE OFFENCES P/U/S 118(1), 118(2), 109,
49, 61(1), READ WITH 3(5) OF THE BNS, 2023 PENDING ON
THE FILE OF THE PRL.CIVIL JUDGE AND JMFC MAGADI AND
THE I ADDL. DISTRICT AND SESSIONS JUDGE, SPL.JUDGE
RAMANAGARA C/C III ADDL.DISTRICT JUDGE, RAMANAGARA
HAS DISMISSED THE ANTICIPATORY BAIL PETITION ON
14.01.2026 IN CRL.MISC NO.1048/2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
The petitioner/accused No.4 is before this Court
seeking anticipatory bail in Crime No.287/2025 of
respondent/police for the offences punishable under
Sections 118(1), 118(2), 109, 49, 61(1) read with 3(5) of
Bharatiya Nyaya Sanhita, 2023 pending in Criminal Case
No.6706/2025 on the file of the learned 1st Additional Civil
Judge and JMFC Court, Magadi, Bangalore South District.
2. The case of the prosecution is that the
complaint came to be lodged by Devaraju, who is stated to
be an agriculturist engaged in agricultural activities. It is
alleged that there is a civil dispute between his father and
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HC-KAR
accused No.1, Lakshmamma. The said Lakshmamma
frequently visited the land in question and quarrelled with
the complainant's family members; as a result, a
complaint had been lodged earlier before the police.
3. It is further alleged that on 15.01.2025,
accused No.1 came to the land along with her henchmen
and threatened the complainant and his father.
Immediately thereafter, the complainant contacted the
police through the helpline, and the parties were taken to
the police station. It is stated that they gave an
undertaking that they would not commit any such acts in
future.
4. Thus, it is alleged that on 12.09.2025, accused
Nos. 2 and 4, with an intention to commit murder,
attempted to run over the father of the complainant
(CW2). In the said incident, CW2 sustained grievous
injuries. Thereafter, a complaint was lodged by the
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complainant, pursuant to that the respondent-police
registered a case, and the investigation is in progress.
5. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the alleged
offences. It is contended that, though it is alleged that he
was present in the car at the time of the incident, he had
no intention either to cause injury or to commit murder. It
is further submitted that the alleged offences are neither
severe nor grievous in nature. In fact, the victim has
already been discharged from the hospital. In fact, the
victim has been discharged from the hospital. The
petitioner is aged about 38 years and a permanent
resident of Mandaleekanahalli Village, Hirisave Hobli, and
he is an earning member of his family and has deep root
in the society. Hence, he may be enlarged on bail by
imposing suitable conditions. Making such submissions, he
prays to allow the petition.
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6. Per contra, the learned Additional State Public
Prosecutor for the respondent/State vehemently submitted
that the civil dispute has resulted in causing the injuries to
CW2 by accused Nos. 2 and 4. As per the version of the
eyewitnesses, both the said accused were present in the
car at the time of the incident and shared a common
intention to commit the murder of CW2. However, owing
to the intervention of well-wishers and the public, CW2
has survived. Therefore, it is not appropriate to grant him
bail. Making such submissions, the Learned Additional
State Public Prosecutor prays to reject the petition.
7. Heard the learned counsel for the respective
parties and perused the averments of the complaint. It
appears that there is a civil dispute between CW2 and
accused No.1. The matter was pending before the Court of
Assistant Commissioner, both at Ramanagar and Magadi.
Though it is alleged that the petitioner/accused No.4 was
present in the car at the time the alleged incident
occurred. The fact remained that he was not driving the
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car. Considering the said aspect and also considering the
facts and circumstances of the case, it is appropriate to
grant him bail by imposing suitable conditions that would
take care of the apprehension of the prosecution. Hence, I
proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail
in the event of his arrest on Crime No.287/2025 of
respondent/police for the offences punishable under
Sections 118(1), 118(2), 109, 49, 61(1) read with
3(5) of Bharatiya Nyaya Sanhita, 2023 pending in
Criminal Case No.6706/2025 on the file of the
learned 1st Additional Civil Judge and JMFC Court,
Magadi, Bangalore South District on executing
personal bond in a sum of Rs.1,00,000/- with one
surety for the likesum to the satisfaction of the Trial
Court.
iii) The petitioner shall appear before the
jurisdictional police within a period of one
month from today, and execute a personal
bond and also to furnish surety.
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HC-KAR
iv) The petitioner shall co-operate with
the investigation till the filing of the final
report.
v) The petitioner shall not threaten or
tamper with the prosecution witnesses nor
hamper the proceedings of the Court.
vi) The petitioner shall appear before
the Trial Court on all hearing dates without
fail.
vii) The petitioner shall not commit any
criminal cases till disposal of the case.
In case the petitioner violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file a necessary application for cancellation
of bail.
Sd/-
(S RACHAIAH)
JUDGE
BKM
List No.: 1 Sl No.: 4
