Citation : 2026 Latest Caselaw 2500 Kant
Judgement Date : 23 March, 2026
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NC: 2026:KHC:16264
CRL.P No. 3083 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3083 OF 2026
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. M RAVI
S/O MUNIYAPPA
AGED ABOUT 55 YEARS
R/AT D.NO.21,
MARUTI BADAVANE,
HUNSUR.
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA ...PETITIONER
LAKSHMI
(BY SRI. SANDEEP K., ADVOCATE)
Location: High
Court of
Karnataka
AND:
1. THE STATE OF KARNATAKA
BY HUNSUR TOWN
POLICE STATION,
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NC: 2026:KHC:16264
CRL.P No. 3083 of 2026
HC-KAR
HUNSUR TALUK, MYSURU DIST
REP. BY
SPP HIGH COURT
BENGALURU - 01
...RESPONDENT
(BY SMT. ANITHA GIRISH N., HCGP)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER/ACCUSED NO.1
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED
TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.33/2026
REGISTERED BY RESPONDENT, HUNSUR TOWN POLICE FOR
THE OFFENCE P/U/S 352, 109, 115(2) R/W 3(5) OF BNS 2023
PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND
JMFC AT HUNSUR BY IMPOSING NECESSARY CONDITIONS IN
THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:16264
CRL.P No. 3083 of 2026
HC-KAR
ORAL ORDER
1. The petitioner - accused No.1 is before this Court seeking
for grant of regular bail in Crime No.33/2026 registered
by the respondent-police for the offences punishable
under Sections 352, 109, 115(2) r/w. Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
Brief facts of the case:
2. The case of the prosecution is that, a complaint came to
be registered by the complainant stating that, he is the
resident of Hunsur town, Mysuru and lives with his family
members. On 01.02.2026, around 08.00 a.m., he was
proceeding to another person's land to clear debris in the
said land, carrying a long machete that was kept under
the foot mat of the scooter. At that time, his daughter
Deepika asked him to drop her at the bus stand to go to
Mysuru. After dropping his daughter near the Hunsuru
bus stand, around 08.30 a.m., when he was proceeding
near Lakshmivilasa Circle, at that time, he saw his
younger brother Ravi was standing near Lakshmivilasa
Circle. The complainant stopped his scooter and asked his
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HC-KAR
brother as to why he was telling lie that he had won the
case filed before the Principal Civil Judge and JMFC,
Hunsur, in respect of the property measuring 03 acres 23
guntas. At that time, the quarrel had taken place
between the brothers. The petitioner called another
brother, Ravikumar, to the place and started quarrelling
with the complainant. It is alleged that, in the said
scuffle, the petitioner took the long machete which was
kept under the foot mat of the scooter belonging to the
complainant and assaulted the complainant with the said
machete. The complainant had sustained severe injuries
to his hands and thereafter, he was admitted to hospital
and lodged a complaint against the brothers. Based on
the statement given by the injured, FIR has been
registered against the petitioner and another for the
offences stated supra.
3. Heard Mr. Sandeep K., learned counsel for the petitioner
and Mrs. Anitha Girish N., learned High Court
Government Pleader for respondent - State.
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HC-KAR
4. The submission of the learned counsel for the petitioner is
that the petitioner is innocent of the alleged offence. In
fact, the complainant, with an intention to cause injuries
or commit murder of the petitioner, had brought the
machete along with him and started abusing the
petitioner and also tried to assault him. In the said
scuffle, the injured had sustained injuries to his hands.
The petitioner had no intention to commit either murder
or cause injury to the complainant.
5. It is further submitted that, in fact, a civil dispute which
existed between the petitioner and the complainant,
which was pending before the learned Principal Civil
judge and JMFC, Hunsur, in Original Suit No.359/2019
filed by the complainant, came to be dismissed as
withdrawn with a liberty to file a fresh suit. The petitioner
is the earning member of the family. He is aged about 55
years and he will abide the conditions imposed by this
Court in the event of his release on bail. Making such
submissions, learned counsel for the petitioner prays to
allow the petition.
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HC-KAR
6. Per contra, learned High Court Government Pleader
vehemently submitted that the petitioner, who is the
younger brother and another brother have assaulted the
complainant, who is their elder brother and the
complainant has suffered severe injuries. A dispute
existed between the brothers in respect of land
measuring 3 acres and 23 guntas. If the petitioner is
enlarged on bail, there may be chances of committing
similar offence or threatening the prosecution witnesses.
Hence, it is not appropriate to grant him bail. Making
such submissions, learned High Court Government
Pleader prays to reject the petition.
7. Having heard the learned counsel for the respective
parties and on perusal of the averments of the complaint
and other materials on record, it appears from the record
that the petitioner is none other than the younger brother
of the complainant. In fact, the complainant had filed a
suit before the learned Principal Civil Judge and JMFC,
Hunsur, in Original Suit No.359/2019. On 27.02.2024,
the suit came to be dismissed as withdrawn with liberty
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HC-KAR
to file fresh suit. The incident allegedly took place on
01.02.2026. However, on going through the averments of
the complaint, I am of the considered opinion that the
petitioner has made out a case for grant of bail. It is
needless to state that the merit of the case need not be
mentioned while considering the bail application.
8. Hence, I proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The petitioner is ordered to be enlarged
on bail in Crime No.33/2026 of
respondent-police for the offences
stated supra, on executing personal
bond in a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one
surety for the likesum to the
satisfaction of the Trial Court.
(iii) The petitioner shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
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HC-KAR
(iv) The petitioner shall appear before the
Trial Court on all hearing dates without
fail.
(v) The petitioner shall not involve in any
criminal cases till disposal of the case.
In case the petitioner violates any of the bail conditions
as stated above, liberty is reserved to the prosecution to file
necessary application for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE
Bss List No.: 1 Sl No.: 60
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