- 1 - HC-KAR NC: 2025:KHC:42593 CRL.P No. 13644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13644 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. UDAYAKUMAR K Y S/O YOGESH.K.M. AGED ABOUT 27 YEARS OCCUPATION: AGRICULTURE R/O KOTHANAGATTA VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYANAPATNA TALUK HASSAN DISTRICT - 573 135. …PETITIONER (BY SRI. SWAROOP T, ADVOCATE) AND: 1. THE STATE BY POLICE INSPECTOR SHRAVANABELAGOLA POLICE STATION SHRAVANABELAGOLA HOBLI CHANNARAYANAPATNA TALUK HASSAN DISTRICT - 573 135. …RESPONDENT (BY SRI CHANNAPPA ERAPPA,HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOR OF THE PETITIONER AND DIRECT THE POLICE INSPECTOR, SHRAVANABELAGOLA P.S., TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH FIR No.126/2025, FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42593 CRL.P No. 13644 of 2025 SECTIONS 126(2),352,118(1),109,351(3),3(5) OF BNS, PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA 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 accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Cr.No.126/2025 of Shravanabelagola Police Station registered for offences under Section 126(2), 352, 118(1), 109, 351(3), 3(5) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that it is alleged that there was a quarrel between petitioner and the injured in an orchestra and subsequently, it is alleged that the petitioner and another assaulted the injured with club on his head and other parts of the body. The name of the other person has not been stated in the - 3 - HC-KAR NC: 2025:KHC:42593 CRL.P No. 13644 of 2025 FIR/complaint. The petitioner who is stated to be involved in Crime No.49/2023 of Shravanabelagola Police Station has been acquitted in the said case and another case registered against him in Crime No.22/2024 is under Section 107 of Cr.P.C to execute bond to maintain peace and harmony. The petitioner is ready to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this court. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the investigation is in progress. The presence of the petitioner is required for custodial interrogation. The offence alleged against the petitioner is a heinous offence. The wound certificate of the injured indicates that he has sustained three injuries and out of them, one is a grievous injury. The petitioner is a quarrelsome person involved in two criminal cases of assault and causing breach of peace etc. If the petitioner is granted anticipatory bail, he will hamper - 4 - HC-KAR NC: 2025:KHC:42593 CRL.P No. 13644 of 2025 the investigation and tamper the prosecution witnesses. With this, he prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused FIR, complaint and other materials placed on record. 6. As per averments of the first information filed by the mother of the injured, case has been registered against the petitioner for offences stated supra. One of the offence alleged against the petitioner is Section 109 of BNS i.e. attempt to commit murder. As per averments of the complaint, the petitioner has quarreled with the injured in Orchestra and subsequently, the petitioner and another went near the house of injured and assaulted him with club on his head and other parts and caused bleeding injuries. The wound certificate of the injured - Rahul indicates that he has sustained three injuries and out of them one is opined to be grievous injury. The said grievous injury is on the frontal part of the head and it is measuring 5.6 cms x 1 cm. The said injury is on the vital - 5 - HC-KAR NC: 2025:KHC:42593 CRL.P No. 13644 of 2025 part of the body. The petitioner is having criminal antecedents. He has been involved in two criminal cases. One in Crime No.49/2023 for offences under Section 323, 324 of IPC and another in Crime No.22/2024 under Section 107 of Cr.P.C. as he has committed breach of peace. Considering the said aspect, the petitioner is having criminal antecedents. The offence alleged against the petitioner is heinous offence. Therefore, the petitioner is not entitled for grant of discretionary relief of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 24 Ct.sm