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