- 1 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13444 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. KARTHIK. M, S/O MURUGAN, AGED ABOUT 22 YEARS R/AT INDIRA GANDHI EXTENSION INDAVARA CHICKMAGALURU 577101. …PETITIONER (BY SRI. GAGANDEEP E.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001. 2. SRI BALAJI, S/O UMANAYAK AGED ABOUT 17 YEARS R/AT RAMANAHALLI CHIKKAMAGALAURU 577101 (REP.BY HIS NATURAL GUARDIAN FATHER SRI UMA NAYAK,R/W RAMANAHALLI, CHICKMAGALURU TALUK - 577101. (R2 deleted v/c/o dated 23.10.2025) …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1 R2 DELETED V/C/O DATED 23.10.2025) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 THIS CRL.P IS FILED U/S.438 (FILED UNDER SECDTION 482 BNSS) CR.P.C PRAYING TO ORDER DIRECTING THE RESPONDENT POLICE (BASAVANAHALLI POLICE STATION) TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL FORTH WITH IN THE EVENT OF THIS ARREST IN CRIME NO.71/2025 PENDING ADJUDICATION ON THE FILE OF LEARNED ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, CHICKMAGALURU DISTRICT, WITH THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 140(1), 352, 118(1), 351(2) AND SEC.190 OF BNS 2023 IN THE ABOVE CASE TO SERVE. 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 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.71/2025 of Basavanahalli Police Station registered for the offences punishable under Sections 140(1), 352, 118(1), 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. - 3 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 3. The learned counsel for the petitioner would contend that, the name of the petitioner is not mentioned in the FIR. There was no enmity between the complainant and accused No.1, and there was a criminal case. He further submits that, accused Nos.1 and 2 have been granted regular bail by the Sessions Court. Therefore, the petitioner is entitled for grant of anticipatory bail. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, there was a specific overt act against the petitioner assaulting the injured with knife, and in spite of that, his name has not been shown as accused in the FIR. The wound certificate indicates that the injured has sustained lacerated wound measuring 2x5 cms. on the right thigh. There is a serious overt act alleged against the petitioner assaulting the injured with the knife. The investigation is in progress. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. One Balaji has filed the complaint. On the basis of the complaint, case came to be registered in Crime No.71/2025 of Basavanahalli Police Station for the aforesaid offences. The said Balaji is injured in the incident, and as per the wound certificate, he has sustained lacerated wound measuring 2x5 cms. on the right thigh. On perusal of the averments in the complaint indicates that, the name of the petitioner i.e. Batani has been mentioned. He has not been arrayed as accused in the FIR. 7. The learned counsel for the petitioner submits that the petitioner's name is Karthik M, and he is also called as Batani. When accused Nos.1 and 2 have forcibly took the complainant in the auto to a place near a canal, where the petitioner boarded in the said auto, and he was - 5 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 holding a weapon, and the complainant was made to get down from the auto, and this petitioner abused him in filthy language stating that he has assaulted his younger brother, and took a knife and tried to assault on the stomach, and when the injured tried to escape, he sustained injury on his right thigh, and he sustained bleeding injury. It is alleged that the other accused have assaulted with hands. In the averments of the said complaint, it is stated that attempt to commit murder has been made against the complainant, and in spite of that, the offence under Section 109 has not been mentioned in the FIR, but instead, Section 190 of BNS, 2023 has been inserted. 8. Considering averments of the complaint, there is no unlawful assembly by accused persons to invoke Section 190 of BNS, 2023, the police ought to have invoked Section 109 of BNS, 2023 i.e. attempt to commit murder. As there is a serious overt act against the petitioner assaulting with knife on the complainant with an - 6 - HC-KAR NC: 2025:KHC:42472 CRL.P No. 13444 of 2025 intention to commit murder, he is not entitled for discretionary relief of grant of anticipatory bail. The petitioner has not made out any grounds to grant anticipatory bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 4