- 1 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.1812 OF 2026 BETWEEN: SRI PRAKASHA S/O. LATE DEVAPPA AGED ABOUT 48 YEARS R/AT AILAPURA VILLAGE KASABA HOBLI PERIYAPATNA TALUK-571 107 …PETITIONER (BY SRI RAJARAM SOORYAMBAIL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE PERIYAPATNA POLICE STATION REPRESENTED BY SPP Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY R., H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE PERIYAPATNA POLICE IN CR.NO.0373/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 352, 351(2) AND 190 OF BNS, PENDING ON THE FILE OF VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MYSURU, SITTING AT HUNSUR. THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 ORAL ORDER 1. The petitioner is arraigned as accused No.4, is before this Court seeking for grant of anticipatory bail in Crime No.373/2025 of respondent-police for the offences punishable under Sections 109, 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). Brief facts of the case: 2. The case of the prosecution is that, on 17.12.2025, the complainant had parked his scooter near his house on the road. Around 11.30 a.m., accused No.1 came on the said road by driving a tractor and asked the complainant to take off the scooter. When the complainant went inside the house to bring the key, the accused No.1 got down from the tractor and kicked on the scooter, consequently, the scooter fell down. Thereafter, the complainant had asked as to why accused No.1 had kicked the scooter. In the meantime, accused No.1 brought a chopper from his tractor and assaulted - 4 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 indiscriminately on the complainant and caused injuries. Accused Nos.2 and 3 also joined the accused No.1 and they had also assaulted the complainant with club. 3. It is further stated that the petitioner herein who is arraigned as accused No.4 had assaulted with his hands on the body of the complainant. Hence, a complaint came to be registered by the complainant before the respondent –police. The matter is under investigation. 4. Heard Mr. Rajaram Sooryambail, learned counsel for the petitioner and Mr. Rangaswamy R., learned High Court Government Pleader for respondent - State. 5. It is the submission of the learned counsel for the petitioner that the allegation made against the petitioner is that he had assaulted the complainant with his hands in the said quarrel. Therefore, the ingredients of Section 109 of BNS, 2023 would not get attracted against the petitioner. 6. It is further submitted that the petitioner is the resident of Ailapura Village, Kasaba Hobli, Periyapatna - 5 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 Taluk and he is aged about 48 years and he has to take care of entire family. He would abide the conditions, in case, if he is enlarged on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for respondent - State vehemently submitted that the present petitioner and others, in furtherance of the common intention to commit murder of the complainant, had assaulted him indiscriminately and caused injuries to him. The petitioner might have assaulted with his hands, however, he is also a member of unlawful assembly, therefore, he is not entitled for anticipatory bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the overt-act against the petitioner is that he had assaulted the complainant with his hands and caused pain - 6 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 all over the body. On considering the said overt-act, without adverting to the merit of the case, it is appropriate to grant him bail as prayed for. 9. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.373/2025 of respondent-police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the Investigating Officer within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2026:KHC:12648 CRL.P No. 1812 of 2026 (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 48