- 1 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11912 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 11927 OF 2025 (438(Cr.PC) / 483(BNSS)) IN CRL.P No. 11912/2025 BETWEEN: 1. SHASHIKUMAR G S S/O SHIVANNA AGED ABOUT 30 YEARS GURUDEVARAHALLI VILLAGE CHIKKARASINAKERE HOBALI, MADDURU TALUK MANDYA DISTRICT – 571 422. …PETITIONER (BY SRI. HEMANTH KUMAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MALAVALLI RURAL POLICE STATION MANDYA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN CRIME NO.121/2025 REGISTERED BY THE RESPONDENT POLICE, MANDYA FOR THE OFFENCES P/U/S 118(1), 109, 189(2), 189(4), 351(2), 191(2), 191(3), 115(2), 190 OF BNS, NOW PENDING ON THE FILES OF THE CIVIL JUDGE (SR.DN) AND JMFC COURT, MALAVALLI RURAL MALAVALLI. IN CRL.P NO. 11927/2025 BETWEEN: 1. K PRAJVAL S/O KEMPEGOWDA AGED ABOUT 25 YEARS R/AT C A KERE HOBLI, KYATHAGHATTA VILLAGE, MADDURU TALUK, MANDYA DISTRICT – 571 422. 2. PREETHAM GOWDA.K.S. S/O K.S. SWAMY. AGED ABOUT 18 YEARS R/AT C A KERE HOBLI, - 3 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 KALLIMELEDODDI VILLAGE, KYATHAGHATTA,MADDURU TALUK, MANDYA DISTRICT – 571 422. ...PETITIONERS (BY SRI. HEMANTH KUMAR K, ADVOCATE) AND: 1. THE STATE KARNATAKA BY MALAVALLI RURAL POLICE STATION MANDYA REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.121/2025 REGISTERED BY THE RESPONDENT POLICE, MANDYA, FOR THE OFFENCES P/U/S 118(1), 109, 189(2), 189(4), 351(2), 191(2), 191(3),115(2), 190 OF BNS, 2023, PENDING ON THE FILES OF THE CIVIL JUDGE (SR.DN) AND JMFC COURT, MALAVALLI RURAL, MALAVALLI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 ORAL ORDER 1. The Criminal Petition No.11912/2025 is filed by accused No. 1 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail and Criminal Petition No.11927/2025 is filed by accused Nos.2 and 6 under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail. In both cases, anticipatory bail/bail have been sought in respect of Crime No.121/2025 of Malavalli Rural Police Station registered for offences punishable under Sections 118(1), 109, 189(2), 189(4), 351(2), 191(2), 191(3), 115(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS 2023’). 2. Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor for the respondent/State of both the cases. 3. The learned counsel for the petitioners would contend that, the alleged incident has taken place where - 5 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 cart race was going on and several persons had gathered there. The injured are found consumed alcohol and that is mentioned in their wound certificates. As the injured were under alcohol, they made galata and the persons gathered to watch car race have assaulted them. The injured have been discharged from the hospital. The investigation is over, charge sheet has been filed and therefore, the petitioners are not required for custodial interrogation. With this, he prayed to allow both the petitions. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, FIR has been filed alleging that petitioners/accused Nos.1, 2 and 6 assaulted C.W.2 and C.W.3 and causing grievous injuries. The petitioners have used beer bottle and club to assault the injured. The accused No.1 is absconding and he is required for interrogation. C.W.3 has sustained grievous injuries. In the case sheet, it is noted that C.W.2 is not in a position to give statement. Considering the said aspects, the petitioners are not entitled for grant of - 6 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 anticipatory bail/bail as prayed for. With this, she prayed to reject the petitions. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. In the charge sheet, accused No.1, who is a petitioner in Criminal Petition No.11912/2025 is shown as absconding. The petitioners/accused Nos.2 and 6 in Criminal Petition No.11927/2025 have been arrested on 15.07.2025 and they are in judicial custody. The overt-act against accused No.1 is that, he assaulted with a beer bottle on the back of C.W.3 and caused bleeding injuries. The overt-act against accused No.2 is that, he had assaulted with club on the head of C.W.2 and caused bleeding injury. The overt-act alleged against accused No.6 is that, he had assaulted with beer bottle on the back of C.W.3. The accused Nos.2 and 6 were arrested on 15.07.2025 and they have been interrogated. Therefore, - 7 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 accused Nos.2 and 6 are not required for custodial interrogation as the charge sheet is filed. The accused No.1 has been shown as absconding. The offence alleged against him is Section 109 of BNS, 2023, which is punishable with imprisonment for life. The over-act alleged against the accused No.1 is of assault with beer bottle on the back of C.W.3. C.W.3 is stated to have sustained grievous injuries. 7. Considering the said aspects, accused No.1 / petitioner in Criminal Petition No.11912/2025 is not entitled to discretionary relief of grant of anticipatory bail. The petitioners/accused Nos.2 and 6 of Criminal Petition No.11927/2025 have made out a case for grant of bail with conditions. In the result, the following: ORDER i) The Criminal Petition No.11912/2025 filed by accused No.1 under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 is dismissed. - 8 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 ii) The Criminal Petition No.11927/2025 filed by accused Nos.2 and 6 is allowed. ii) The petitioners/accused Nos.2 and 6 are granted bail in Crime No.121 of 2025 of Malavalli Rural Police Station pending on the file of the learned Civil Judge (Sr.Dvn) and JMFC Court, Malavalli Rural, Malavalli registered for the offences punishable under Sections 118(1), 109, 189(2), 189(4), 351(2), 191(2), 191(3), 115(2), 190 of the BNS 2023, subject to following conditions. a) The petitioners/accused Nos.2 and 6 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Trial Court; b) The petitioners/accused Nos.2 and 6 shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioners/accused Nos.2 and 6 shall attend the Trial Court on all dates of hearing, unless exempted and co-operate with speedy disposal of the case. - 9 - HC-KAR NC: 2025:KHC:45950 CRL.P No. 11912 of 2025 C/W CRL.P No. 11927 of 2025 d) The petitioners/accused Nos.2 and 6 shall not involve in commission of any offence. If they are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE UN List No.: 1 Sl No.: 5