- 1 - HC-KAR NC: 2025:KHC:44125 CRL.P No. 13194 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13194 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. ODHESHA S/O. LAKTE H.N.RUDRAPPA AGED ABOUT 46 YEARS R/AT, NIDANURU VILLAGE PALYA HOBLI, ALUR TALUK-573 213 HASSAN DISTRICT. …PETITIONER (BY SRI A LOURDU MARIYAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY POLICE INSPECTOR STATE BY SHO ALUR POLICE STATION ALUR-573 213 AND ALSO STATE PUBLIC PROSECUTOR HIGH COURT BUILDING 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 GRANT ANTICIPATORY BAIL, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 352, 118(1), 351(2), 109 R/W 3(5) OF THE LEARNED CIVIL JUDGE AND JMFC, ALUR WHICH REGISTERED BY THE ALUR POLICE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44125 CRL.P No. 13194 of 2025 STATION AND BY IMPOSING ANY CONDITIONS BY ACCEPTING SOLVENT SURETY. 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 petitioner -accused No.1 under Section 482 of BNSS praying to grant of anticipatory bail in Crime No.172/2025 of Alur Police Station registered for offences punishable under Sections 352, 118(1)1, 351(2), 109 read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that on receipt of complaint by the injured/Sangmesh, a case has been registered for aforesaid offences except offence punishable under Section 109 of BNS. Section 109 of BNS has been included subsequently as per requisition of the Investigating Officer - 3 - HC-KAR NC: 2025:KHC:44125 CRL.P No. 13194 of 2025 dated 19.08.2025. The injured has been discharged from the hospital. The ingredients of Section 109 of BNS are not attracted. The petitioner is not having any criminal antecedents. With this, he prayed to allow the petition and grant of anticipatory bail to the petitioner –accused No.1. 4. Per contra, learned Additional SPP for the respondent –State would contend that serious overtact is alleged against this petitioner assaulting the injured with a pickaxe on his head. As per wound certificate, injured has sustained two injuries and one is grievous in nature. The investigation is in progress. The petitioner is absconding and not available for investigation. With this, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. On the complaint of one Sangamesh/injured, the case came to be registered against the petitioner and - 4 - HC-KAR NC: 2025:KHC:44125 CRL.P No. 13194 of 2025 two others in Crime No.172/2025 of Alur Police Station for offences punishable under Sections 352, 118(1)1, 351(2), read with Section 3(5) of BNS. Subsequently on requisition of the police Sub-Inspector dated 19.08.2025 offence punishable under Section 109 of BNS has been included. On perusal of the complaint, overtacts alleged against the petitioner accused No.1 is that he assaulted with the pickaxe on the head of the injured. The wound certificate indicates that injured has sustained two injuries, one injury is grievous in nature and one is simple injury. The part on which the assault is made is the head and it is a vital part. Considering the above aspects, the petitioner is not entitled for grant of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 27 Ct.sm