Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16709 OF 2025 (438(Cr.PC) / 482(BNSS))
BETWEEN:
1.
MADHU J S/O J N JAGADEESH, AGED ABOUT 39 YEARS, R/AT JINNAGRA VILLAGE, AMRUTHUR HOBLI KUNIGAL TALUK -572130
…PETITIONER
(BY SRI. HARISH, B S, ADVOCATE FOR SRI VIKYATH B., ADVOCATE)
AND:
1.
STATE OF AMRUTHUR P S REPRESENTED BY SPP HIGH COURT-BUILDING, BANGALORE. -560001
…RESPONDENT
(BY SRI.M R PATIL, HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
THIS CRL.P FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN EVENT OF THEIR ARREST BY THE RESPONDENT AMRUTHUR POLICE IN CONNECTION WITH THE CR.NO.158/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 74, 352, 351(2) OF BNS 2023 PENDING ON THE FILE OF THE ADDL CIVIL JUDGE (Sr.Dn.) AND CHIEF JUDICIAL MAGISTRE COURT KUNIGAL TUMAKURU.
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 Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.158/2025 of Amruthur Police Station registered for the offences punishable under Sections 115(2), 74, 352, 351(2) of Bharatiya Nayaya Sanhita, 2023.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State.
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HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
3. The
learned counsel for petitioner would contend that there is a dispute with regard to property between petitioner's grandfather and his brother. During the said quarrel, the victim lady intervened, and the petitioner is alleged to have assaulted her. There is no allegation of outraging her modesty, and the said allegation is false.The petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death of imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that the statement of J N Jagadish/eye witness has been recorded. In the said statement, it is stated that his daughter, Nisarga, and his son, the petitioner J.N. Madhu, quarrelled, and during the said quarrel, the petitioner assaulted her on her face.The matter is under
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HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
investigation. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the complaint and other materials placed on record. 6. The allegation against the petitioner, as averred in the complaint, is that he outraged the modesty of the victim lady by pressing her chest, touching her body and stomach, kicking her, and tearing her clothes. 7. The statement of one J N Jagdish, who is stated to be eye witness, has been recorded. He stated that he is the father of victim lady and also the petitioner. He stated that the victim lady supported her father’s elder brother instead of supporting her father, and therefore, the petitioner assaulted her on the face; he further stated that he pacified the quarrel. In the said statement of the said eyewitness, there is no any allegation of outraging the modesty of the victim lady and touching her body parts. - 5 -
HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to co-operate with the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 8.
Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. 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.158/2025 of Amruthur Police Station registered for the offences punishable under Sections 115(2), 74, 352, 351(2) of Bharatiya Nayaya Sanhita, 2023 subject to following conditions.
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HC-KAR NC: 2026:KHC:7117 CRL.P No. 16709 of 2025
a) The petitioner shall appear before the Investigating Officer within fifteen 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 Investigating Officer.
b) The petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation,
c) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
d) The petitioner shall appear before the Investigating Officer on every Sunday for a period of one month or till filing of final report whichever is earlier.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 28