- 1 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2578 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SIRAVSE/THEJESH/TEJAS, S/O JAGADISH, AGED ABOUT 31 YEARS, RESIDING AT OPPOSITE VIDYABHARATHI SCHOOL, GOWRI KALUVE, CHIKKAMAGALURU - 577101 …PETITIONER (BY SRI. SUDHANVA D S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BASAVANAHALLI POLICE STATION REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU – 560 001 Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 …RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS AREST IN CRIME NO.0001/2026 REGISTERED BY THE RESPONDENT POLICE, CHIKKAMANGALUR FOR THE OFFENCES BASAVANAHALLI PUNISHABLE UNDER SECTIONS 352, 109(1), 115(2), 118(1), 351(2) READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC, CHICKMAGALUR DISTRICT, CHICKMAGALUR. THIS PETITION, 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:16005 CRL.P No. 2578 of 2026 ORAL ORDER The petitioner is arrayed as accused No.3 seeking anticipatory bail in Crime No.0001/2026 of respondent/police for the offences punishable under Sections 352, 109(1), 115(2), 118(1), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) pending on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC, Chickmagaluru District, Chikmagaluru. 2. The case of the prosecution is that on 11.01.2026, the Head Constable of the respondent–Police recorded the statement of the victim, who was undergoing treatment at Government M.G. Hospital, Chikkamagaluru. The facts of case has been unfolded in such a way that victim - Sharukh had monetary transaction with Prajwal. Sharukh had to pay an amount to Prajwal. It is alleged that about fifteen days prior to the incident, Prajwal had quarrelled with the victim and had demanded money. The said quarrel was pacified. 3. It is further stated that in the said quarrel, the victim - Sharukh had uttered a word that he could not pay the amount and challenged the said Prajwal that let him be done - 4 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 whatever he wanted to do. On 10.01.2026 at about 6.30 p.m., when the victim was consuming alcohol along with Suhel and Prajwal is stated to have entered into the said bar and restaurant and abused the victim in a filthy language and assaulted him with a long chopper. Consequently, the victim had sustained injuries. In the meantime, Suhel, who was also sustained injuries when he attempted to pacify the situation. 4. Based on the said complaint, the respondent/police have registered a case against three accused persons. The matter is under investigation. 5. The submission of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. It is further submitted that the alleged assault was in fact committed by accused No.1. The specific overt-act attributed against the present petitioner is that he assaulted the victim and his friends with his hands and instigated accused No.1 to commit the murder of the victim and his friends. - 5 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 6. It is further submitted that the wound certificate would indicate that the injuries sustained are simple in nature. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions and he will abide by the conditions to be imposed in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner, along with the other accused, have committed a heinous offence. It is further submitted that, in furtherance of their common intention, all the accused assaulted the victim with an intention to commit his murder. However, owing to the timely intervention of the people present in the bar and restaurant, the victim survived. It is further submitted that the petitioner had joined hands with accused No.1 in the commission of the offence and is therefore, liable to be convicted for the offence punishable under Section 109 of the BNS, 2023. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 9. Having heard the learned counsel for the respective parties and on perusal of the averments made in the complaint and the charge sheet, it appears from the record that there was a monetary transaction between accused No.1 and the victim, and the victim was allegedly challenged accused No.1 that whatever he wanted to do, can be done, however, he would not repay the amount. Being enraged with the said challenge made by the victim, it is alleged that accused No.1 and others assaulted the injured and his friends and committed offences, as stated above. However, the petitioner is arrayed as accused No.3, it is alleged that he had instigated accused No.1 to assault the victim and his friends. Having considered the overt- act of the petitioner, it is appropriate to grant him bail by imposing suitable conditions by this Court that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.01/2026 of respondent/police for the offences - 7 - HC-KAR NC: 2026:KHC:16005 CRL.P No. 2578 of 2026 punishable under Sections 352, 109(1), 115(2), 118(1), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC, Chickmagaluru District, Chikmagaluru on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the Trial Court. iii) The petitioner shall appear before the Trial Court on all hearing dates. iv) The petitioner shall not threaten the prosecution witnesses nor hamper the proceedings of the Court. v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, 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/BKM List No.: 1 Sl No.: 44