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Karnataka High Court
Hareesha G vs The State Of Karnataka By on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5087
CRL.P No. 17704 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17704 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
1. HAREESHA G.
S/O. GANGAPPA,
AGED ABOUT 35 YEARS,
R/AT: JUNGALPALYA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU - 560 083.
2. RAKESH M.
S/O. MUNIRAJU,
AGED ABOUT 28 YEARS,
R/AT: JUNGALPALYA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU - 560 083.
...PETITIONERS
(BY SRI. MANJUNATH M.R., ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA
THE STATE OF KARNATAKA BY
BANNERGHATTA P.S,
BENGALURU,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:5087
CRL.P No. 17704 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER
SECTION 482 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONERS ON AN ANTICIPATORY BAIL AND TO DIRECT THE
RESPONDENT BANNERGHATTA POLICE STATION, BENGALURU
TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST
IN CRIME NO.231/2025 REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 109(1), 351(2), 351(3) AND
352 READ WITH SECTION 190 OF BNS, 2023 PENDING ON THE
FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC AT
ANEKAL, BENGALURU RURAL DISTRICT IN ITS
C.C.NO.8198/2025.
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 accused Nos.1 and 3 under
Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.231/2025 of
Bannerghatta Police Station registered for offences
punishable under Sections 109(1), 351(2), 351(3) and 352
read with Section 190 of Bharatiya Nyaya Sanhita, 2023.
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2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioners would contend
that, accused Nos.2, 4 and 5 have been granted bail by
this Court in Criminal Petition No.13051/2025, accused
No.6 has been granted bail in Criminal Petition
No.13911/2025 and accused No.7 has been granted
anticipatory bail in Criminal Petition No.14418/2025. As
per column-17 of the charge sheet, there is overtact of
assault is alleged against No.2 assaulting the injured with
a beer bottle on his head. The accusation against
petitioner No.1/accused No.1 is assault on C.W.1 with beer
bottle on his head. There is no specific overtact is alleged
against petitioner No.2/accused No.3 assaulting the
injured, the allegation against him is omnibus. The injured
has not been admitted and he has taken treatment as an
outpatient. The wound certificate indicates that, the
injured has sustained three simple injuries. In the
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complaint, there is no specific overtact alleged against
each of the accused and the accusation against them is
omnibus. As the charge sheet is filed, the petitioners are
not required for custodial interrogation. There are no
criminal antecedents of the petitioners. With these, he
prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the serious
overtact is alleged against petitioner No.1/accused No.1
assaulting the injured with beer bottle on his head. The
injured has sustained injury on the head. The FSL report
indicates that, the beer bottle contains blood stains. The
charge sheet materials show that, there is a prima-facie
case against the petitioners for offences alleged against
them. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
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6. On perusal of the averments of the charge
sheet, accused Nos.1 to 8 who are having a previous
enmity with C.W.1, on 08.08.2025 at about 08.10 p.m.,
formed unlawful assembly and with an intention to kill
C.W.1 assaulted him with hands on his chest, stomach,
face and abused him and accused No.1 assaulted him with
beer bottle on his head and assaulted him with the same
beer bottle on his right hand and accused No.2 assaulted
C.W.1 with beer bottle on his head.
7. Accused No.2 has already been granted bail.
The overtact alleged against petitioner No.1/accused No.1
is similar to that of accused No.2 who has been granted
bail. The wound certificate indicates that, the injured has
sustained three simple injuries. The accusation against
petitioner No.2/accused No.3 is omnibus. As the charge
sheet is filed, the petitioners are not required for custodial
interrogation. There are no criminal antecedents of the
petitioners.
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8. Considering all the above aspects, the
petitioners have made out a case for grant of anticipatory
bail with conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioners are
granted anticipatory bail in Crime No.231/2025 of
Bannerghatta Police Station and are ordered to be
released on bail in the event their arrest, subject to
following conditions:
i) The petitioners shall voluntarily appear
before the jurisdictional Court and execute
a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) each with one
surety for the like-sum to the satisfaction of
the jurisdictional Court.
ii) The petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioners shall appear before the trial
Court on all dates hearing unless exempted
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and cooperate for speedy disposal of the
case.
iv) The petitioners shall not involve in
commission of any offence. If the
petitioners are found involved in
commission of any offence, the prosecution
is at liberty to seek cancellation of bail
granted to them.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 24
