- 1 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 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. 14443 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: H S MAHESH @ KOLLI MANJA S/O. H.P. SHANKAR RAJU, AGED ABOUT 39 YEARS, R/O. WARD NO.22, PENSION MOHALLA, MOCHI COLONY, HASSAN -573 201. …PETITIONER (BY SRI. PAWADEGOWDA, ADVOCATE) AND: STATE OF KARNATAKA BY PENSION MOHALLA P.S. HASSAN - 573 201. REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE OF THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.141/2025 OF PENSION MOHALLA POLICE STATION, REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 109 OF BNS, 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 of 2025 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 sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.141/2025 of Pension Mohalla Police Station, registered for offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the incident has taken place on 31.08.2025 and the complaint has been filed on 02.09.2025 and there is a delay of two (2) days in filing the complaint. The injured is sixteen (16) years and the petitioner is thirty nine (39) years. The petitioner is married and is having two kids and - 3 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 of 2025 they are not friends. Learned counsel for petitioner further contended that, no shop will sell a cigarette to a boy aged sixteen (16) years. Therefore, the allegation of this petitioner asking the injured to bring cigarette is false. The petitioner and the father of the injured, i.e., the complainant are mason and there is a dispute among them and therefore, a false complaint has been filed. The injured has not sustained any serious injury. There are no criminal antecedents of the petitioner. The petitioner has not been arrested even though he has attended the marriage of his sister on 28.11.2025 and that indicates that, there are no serious allegations against the petitioner. The petitioner is ready to co-operate with the Police in the investigation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the offence alleged against the petitioner is a heinous offence. The assault is made with a machete. The petitioner is required - 4 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 of 2025 for custodial interrogation. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The incident has taken place on 31.08.2025 at about 09.30 p.m. and the complaint came to be filed on 02.09.2025. There is a delay of filing the complaint. On perusal of the wound certificate of the injured, it indicates that, he has sustained two simple injuries. The first injury is laceration over left side of forehead measuring 18 x 1cm and the second injury is tenderness over left leg. The petitioner is ready to co-operate with the Police in the investigation. The petitioner is not having any criminal antecedents. The petitioner is having a wife and two kids. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; - 5 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 of 2025 ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.141/2025 of Pension Mohalla Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner shall cooperate with the Police in investigation. iv) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. v) The petitioner shall appear before the Investigating Officer whenever called for. - 6 - HC-KAR NC: 2025:KHC:51675 CRL.P No. 14443 of 2025 vi) The petitioner shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 11