Citation : 2026 Latest Caselaw 1924 Kant
Judgement Date : 27 February, 2026
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NC: 2026:KHC:12226
CRL.P No. 218 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 218 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. NAGARAJU
S/O.LATE DODDARANGAPPA
AGED ABOUT 46 YEARS.
2. BHUPALA
S/O.DODDARANGAPPA
AGED ABOUT 38 YEARS.
3. GANGARAJU
S/O.RANGAPPA
AGED ABOUT 37 YEARS
PETITIONERS No.1 TO 3
ARE R/AT KRISHNAIAHNAPALYA VILLAGE
KASABA HOBLI, MADHUGIRI TALUK
Digitally signed by
LAKSHMINARAYANA TUMKURU DISTRICT - 572 175.
MURTHY RAJASHRI ...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI RAMAKRISHNA A.V, ADVOCATE)
AND:
1. STATE BY MADHUGIRI P. S
REPTD. BY STATE PUBLIC PROSECUTOR, HIGH
COURT OF KARNATAKA, HIGH COURT BUILDING,
BENGALURU-560 001.
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
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NC: 2026:KHC:12226
CRL.P No. 218 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED
UNDER SECTION 482 BNNS) PRAYING TO ENLARGE THEM ON
ANTICIPATORY BAIL IN CR No.180/2025 OF MADHUGIRI
POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 115(2), 118(1), 109, 352, 3(5) OF BNS 2023.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused Nos. 1, 3 and 5
under Section 482 of BNSS praying to grant anticipatory
bail in Crime No. 180/2025 of Madhugiri Police Station
registered for offence punishable under Sections 115(2),
118(1), 109, 352, 3(5) of BNS.
2. Heard learned counsel for petitioners and
learned HCGP for respondent - State.
3. Learned counsel for petitioners would contend
that there was a quarrel between the petitioners, first
informant and his wife with regard to washing of utensils
in front of house of first informant. In the said quarrel,
both sides sustained injuries. The allegation against the
NC: 2026:KHC:12226
HC-KAR
petitioners is that they pushed the first informant and his
wife, assaulted them and therefore they sustained injuries.
There is a counter complaint filed by petitioner No. 1
registered in Crime No. 181/2025. In the said incident
petitioner No. 1 and one Shravani had sustained injuries.
As there is a counter complaint who is the aggressor is to
be ascertained at the time of investigation. Injured have
been discharged from the hospital. There was no intention
on the part of the petitioners and therefore, offence under
Section 109 of BNS is not attracted. Petitioners have
undertaken to cooperate with the Investigating Officer in
the investigation and abide by any conditions to be
imposed by this Court. With this he prayed to allow the
petition.
4. Per contra learned HCGP would contend that
wound certificate of first informant and his wife indicate
that they have sustained one grievous injury and two
simple injuries each. Investigation is in progress. With
this, he prayed to reject the petition.
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HC-KAR
5. Having heard learned counsel for the parties the
Court has perused the FIR, complaint and other materials
placed on record.
6. There was a quarrel between accused persons
and first informant and his wife with regard to washing of
utensils in front of the house of the first informant. In the
said quarrel, first informant, his wife, petitioner No. 1 and
one Shravani have sustained injuries. Petitioner No. 1 had
also filed a complaint and it is registered in Crime No.
181/2025. The first informant and his wife have sustained
one grievous and two simple injuries each. There is a case
and counter case. Who is the aggressor is required to be
ascertained after investigation and at the time of trial.
Injured have been discharged from the hospital and they
are out of danger. There are no criminal antecedents of
the petitioners.
7. Considering the above aspects, petitioners have
made out case for grant of anticipatory bail with
conditions.
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HC-KAR
In the result, the following
ORDER
Petition is allowed. Petitioners are ordered to be
released on bail in the event of their arrest in Crime No.
180/2025 of Madhugiri Police Station subject to following
conditions:
I. Petitioners shall voluntarily appear before the
Investigating Officer/jurisdictional Court within 15
days from this day and execute bail bond for a sum
of Rs.1,00,000/- each with one surety for the
likesum to the satisfaction of the Investigating
Officer/jurisdictional Court.
II. Petitioners shall not tamper the prosecution
witnesses either directly or indirectly.
III. Petitioners shall cooperate with the Investigating
Officer in further investigation, if any.
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HC-KAR
IV. Petitioners shall attend the trial Court on all dates of
hearing unless exempted and cooperate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 2 Sl No.: 12 Ct.sm
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