- 1 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14912 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI BALAKRISHNA NAIK S/O BASAVA NAIK AGED ABOUT 46 YEARS OCC AGRICULTURIST R/O GUDIBETTU, TAVAREKERE AMPARU VILLAGE, KAVRADI POST KUNDAPURA TALUK UDUPI DISTRICT-576 211. …PETITIONER (BY SRI P B UMESH, ADVOCATE FOR SRI. RAVINDRA B.DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUNDAPURA RURAL POLICE STATION KUNDAPURA CIRCLE UDUPI DISTRICT-576 201. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001) …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON ANTICIPATORY BAIL IN CRIME Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 No.59/2025 OF KUNDAPURA RURAL POLICE STATION, UDUPI DISTRICT (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 118, 115(2), 109, 351(2) BNS 2023 (CORRESPONDING PROVISIONS SECTIONS 504, 324, 323, 307, 506 OF IPC). 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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.59/2025 of Kundapura Rural Police Station registered for offences under Section 352, 118, 115(2), 109, 351(2) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent –State. 3. Learned counsel for the petitioner would contend that the injured has obtained the Waterman job by furnishing false certificate and this petitioner has made complaint in that regard to the concerned Authority for making enquiry and for his removal. Therefore, a false complaint has been filed against the petitioner. The - 3 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 petitioner has also filed complaint against the injured and it is registered in Crime No.58 of 2025. The complaint filed by the petitioner is prior to the complaint filed by the injured. The major portion of investigation is over. The injured has sustained only simple injuries. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the petitioner is required for custodial interrogation. The wound certificate indicates that the injured has sustained only three simple injuries. The petitioner is having criminal antecedents and he is involved in Crime No.32/2017 of Shankarnarayan Police Station registered for offences punishable under Section 353, 504, 506, 304 IPC. C.W.2 and C.W.3 are eyewitnesses to the incident. The charge sheet has been filed. There is recovery of steel pipe at the instance of the petitioner. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 5. Having heard learned counsels, the Court has perused the FIR complaint and other matters placed on record. 6. As per averments of the complaint, the petitioner threatened the injured and asked him to obtain caste certificate and held his shirt collar and tried to assault him with iron rod and he escaped and sustained injury to his head. Thereafter, the petitioner stated to assaulted him with hand on his chest and punched him on his cheek and pushed him and kicked him. Considering the above aspects, the assault made by the petitioner is with hands and legs. The assault made by the steel pipe is not on vital part and it is on hand. The injured has sustained three simple injuries. Now investigation is over and charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. - 5 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.59/2025 of Kundapura Rural Police Station subject to following conditions: a) The petitioner –accused shall voluntarily appear before Investigating Officer/jurisdictional Court within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigation officer /jurisdictional Court. b) The petitioner –accused shall not threaten the prosecution witnesses either directly or indirectly. c) The petitioner –accused shall appear before the trial Court on all dates hearing unless - 6 - HC-KAR NC: 2025:KHC:51679 CRL.P No. 14912 of 2025 exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 19