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Mahadev vs The State Of Karnataka
2026 Latest Caselaw 2389 Kant

Citation : 2026 Latest Caselaw 2389 Kant
Judgement Date : 17 March, 2026

[Cites 0, Cited by 0]

Karnataka High Court

Mahadev vs The State Of Karnataka on 17 March, 2026

                                                 -1-
                                                              NC: 2026:KHC-K:2492
                                                         CRL.P No. 200413 of 2026


                      HC-KAR



                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 17TH DAY OF MARCH, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO.200413 OF 2026
                                      (438(CR.PC)/482(BNSS))
                      BETWEEN:

                      1.   MAHADEV
                           S/O DATTA PATIL,
                           AGE: 22 YEARS OCC: STUDENT,

                      2.   JYOTHIRAM
                           S/O MADHAVRAO HULSURE,
                           AGE: 22 YEARS, OCC: STUDENT,

                      3.   SHANKAR
                           S/O BANKAT SAWRE,
                           AGE: 22 YEARS OCC: STUDENT

Digitally signed by
                      4.   MAHESH
SHIVALEELA
DATTATRAYA
                           S/O SHIVAJI DADGE,
UDAGI                      AGE: 22 YEARS, OCC: STUDENT
Location: HIGH
COURT OF
KARNATAKA
                      5.   JAIPAL
                           S/O SHESHARAO BIRADAR,
                           AGE: 22 YEARS OCC: STUDENT
                           ALL OF R/O HALSI TUGAON, TQ. NILANGA,
                           DIST. LATUR(MAHARASHTRA).

                                                                   ...PETITIONERS
                      (BY SRI. GANESH NAIK, ADVOCATE)
                              -2-
                                         NC: 2026:KHC-K:2492
                                   CRL.P No. 200413 of 2026


HC-KAR




AND:

1.   THE STATE OF KARNATAKA
     MEHAKAR POLICE STATION
     DIST. BIDAR ITS REPRESENTED BY ADDL. SSP
     HIGH COURT OF KARNATAKA AT KALABURAGI
     BENCH
     TQ. AND DIST. KALABURAGI-585103.


                                             ...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C (OLD), U/S. 482 OF BNSS (NEW), PRAYING TO
ALLOW THE PETITION THERE BY DIRECTING THE RESPONDENT
MEHAKAR POLICE STATION DISTRICT BIDAR TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.6/2026 REGISTERED FOR THE OFFENCE (P/U/SS
109, 115(2), 351(2), 118(2), 126(2), 190, 352 OF BNS ACT)
FILE ON PENDING BEFORE THE SENIOR CIVIL JUDGE AND
JMFC AT BIDAR.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                        ORAL ORDER

The petitioners have filed this petition under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

seeking grant of anticipatory bail in the event of their

NC: 2026:KHC-K:2492

HC-KAR

arrest in connection with Crime No. 6/2026 of Mehakar

Police Station.

2. On the basis of a complaint filed by Sanjay S/o

Shivaji Dhotre, the Mehakar Police have registered a case

in Crime No. 6/2026 against accused Nos. 1 to 7 for the

commission of offences punishable under Sections 109,

115(2), 351(2), 118(2), 126(2), 190, and 352 of the

Bharatiya Nyaya Sanhita, 2023, and have submitted the

FIR before the Court.

3. The petitioners herein, who are accused Nos. 3

to 7, had filed an application under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, before the

Additional District and Sessions Judge, Bidar, in Criminal

Miscellaneous No. 46/2026. The said application came to

be dismissed on 19.02.2026. Hence, the petitioners have

filed this petition for grant of anticipatory bail before this

Court.

NC: 2026:KHC-K:2492

HC-KAR

4. The learned counsel for the petitioners would

submit that the petitioners have not committed any

offence as alleged against them. The contents of the FIR

and the statement of the injured reveal that the

petitioners had no intention to assault the injured.

However, due to a verbal quarrel and in the heat of

passion, it is admitted that there was an oral altercation

between the injured and accused No. 1. The allegation

against the present petitioners is that they assaulted the

injured with their hands and legs and did not use any

weapons for the commission of the offence. It is further

submitted that the petitioners are students. On all these

grounds, he seeks that the petition be allowed.

5. A perusal of the FIR makes it crystal clear that

the present petitioners have not used any weapons for the

commission of the offence. Considering the nature and

gravity of the offence and the previous antecedents of

these petitioners, I am of the opinion that it is just and

proper to allow this petition.

NC: 2026:KHC-K:2492

HC-KAR

6. Hence, I proceed to pass the following:

ORDER

(I) The petition is allowed.

(II) The petitioner Nos.1 to 5/accused Nos.3 to 7

are directed to be enlarged on bail in Crime No.6/2026

registered by the Mehakar Police Station, Bidar, for the

offences punishable under Sections 109, 115(2), 351(2),

118(2), 126(2), 190, 352 of Bharatiya Nyaya Sanhita,

2023, subject to the following conditions:

a) Petitioners shall execute a personal bond

for a sum of Rs.1,00,000/- each with one

surety for the likesum, to the satisfaction of

the concerned Court;

b) The petitioners shall appear regularly on

all the dates of hearing before the Trial Court

unless the Trial Court exempts his/her

appearance for valid reasons;

NC: 2026:KHC-K:2492

HC-KAR

c) The petitioners shall not directly or

indirectly threaten or tamper with the

prosecution witnesses;

d) The petitioners shall not indulge in similar

offences in future;

e) The petitioners shall assist the

Investigating Office for further investigation.

Sd/-

(G BASAVARAJA) JUDGE

TIN LIST NO.: 1 SL NO.: 21

 
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