Citation : 2026 Latest Caselaw 1928 Kant
Judgement Date : 27 February, 2026
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NC: 2026:KHC:12282
CRL.P No. 442 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. 442 OF 2026
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
SRI SHIVARAJU
S/O VEERABHADRAIAH,
AGED ABOUT 50 YEARS,
RESIDING AT BYDRAHALLI - VILLAGE,
HULIYURUDURGA HOBLI,
KUNIGAL TALUK,
TUMAKURU DISTRICT - 572 123.
(ACCUSED IN CR NO.242/2025)
...PETITIONER
(BY SRI. B M LOKESH.,ADVOCATE)
AND:
Digitally signed by STATE BY HULIYURUDURGA P S
LAKSHMINARAYANA
MURTHY RAJASHRI REPRESENTED BY STATE PUBLIC PROSECUTOR,
Location: HIGH HIGH COURT BUILDING,
COURT OF
KARNATAKA BENGALURU - 560 001.
...RESPONDENT
(BY SRI. M. R PATIL.,HCGP )
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS)
CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL PETITIONER
BY DIRECTING THE RESPONDENT POLICE TO ENLARGE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.242/2025 FOR ALLEGED OFFENCES UNDER SECTIONS
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NC: 2026:KHC:12282
CRL.P No. 442 of 2026
HC-KAR
74, 115(2), 118(1), 352 OF BNS REGISTERED BY
HULIYURUDURGA POLICE PENDING ON THE FILE OF THE ADDL
CIVIL JUDGE (Sr.Dn.) CJM COURT, KUNIGAL TUMAKURU IN
THE INTEREST OF JUSTICE AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the sole accused under
Section 482 of Bharatiaya Nagarik Suraksha Sanhita, 2023
praying to grant anticipatory bill in Crime No.242/2025 of
Huliyurdurga Police Station registered for offences under
Sections 74, 115(2), 118(1), 352 of Bharatiya Nyay
Sanhita, 2023.
2. Heard the learned counsel for petitioner and the
learned High Court Government Pleader for respondent/
State.
3. The learned counsel for petitioner would
contend that when the petitioner asked the first informant
why her son had not come for electric work. At that time,
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HC-KAR
a quarrel has taken place, and petitioner stated to have
assaulted the first informant with a stone, dragged her
saree, and caused injury. In the complaint, it is stated that
the first informant after taking first aid in the hospital,
came to police station, and lodged a complaint, and itself
indicates that she has not sustained any serious injury.
The petitioner is ready to co-operate with the Investigating
Officer in the investigation and abide by any conditions to
be imposed by this Court. The petitioner is not having
criminal antecedents. With this, he prayed to allow the
petitioner.
4. Per contra, the learned High Court Government
Pleader would contend that the order of the learned
Sessions Judge indicates that the injured has sustained
grievous injury. With this, he prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
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6. As per averments of the complaint, the
petitioner stated to have assaulted the first informant in
the sudden quarrel with a stone fallen there and caused
injury and dragged her saree. In the averments of
complaint itself, it is mentioned that she went to local
hospital, took first aid, and came to police station and
lodged a complaint, and that itself indicates that she has
not sustained any severe injury. What is the nature of
injury sustained by the first informant requires to be
ascertained only after getting wound certificate from the
concerned hospital. The petitioner has undertaken to
cooperate with the police in the investigation. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. There are no criminal
antecedents of the petitioner.
7. Considering the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions.
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In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail
in the event of his arrest in Crime No.242/2025 of
Huliyurdurga Police Station registered for offences under
Sections 74, 115(2), 118(1), 352 of Bharatiaya Nyay
Sanhita, 2023 subject to following conditions:
a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.
b) The petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation.
c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
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d) The petitioner shall appear before the Investigating Officer on every Sunday between 10.00 a.m. and 02.00 p.m. for a period of one month or till filing of the final report whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 2 Sl No.: 16
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