Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7133 OF 2026 (438(Cr.PC) / 482(BNSS))
BETWEEN:
MR. CHANDRASHEKAR R.
S/O RAMAKRISHNAPPA, AGED ABOUT 39 YEARS, R/AT NO. 1ST MAIN ROAD, AMBEDKAR NAGAR, RAMAGONDANAHALLI, BENGALURU NORTH, BENGALURU-560066. …PETITIONER (BY SRI. K. RAMA SINGH, ADVOCATE) AND:
THE STATE OF KARNATAKA BY KADUGODI POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDINGS, BENGALURU -562135. …RESPONDENT (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER)
THIS CRL.P IS FILED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.150/2026 UNDER SECTIONS 118(1), 324(4), 352, 351(2) R/W 3(5) OF BNS 2023 OF RESPONDENT KADUGODI POLICE STATION, PENDING ON THE FILE OF THE LRD. ADDL.CJM, BANGALORE RURAL AT BENGALURU.
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioner/accused No.2 has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS, 2023') seeking anticipatory bail in Crime No.0150/2026, registered by the respondent - Kadugodi Police Station, for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as 'BNS').
2. The complainant informed the respondent on 02.04.2026 that on 01.04.2026, accused No.2/Chandrashekar called the complainant to discuss some issue. The complainant went to the spot where accused No.2 had informed and at that time, the accused No.1 and two-three others started abusing him and assaulted him with a beer bottle causing bleeding injuries on his forehead. The complainant further claimed that, the said persons threatened to murder him, his sister and his
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
family members. The complainant also alleged that, the accused No.1 and others snatched away his mobile phone. The complainant claimed that passersby shifted him to the hospital.
3. Based on this, the respondent registered an First Information Report (for short 'FIR') in Crime No.0150/2026 for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of BNS, 2023. The petitioner was apprehended and hence, he filed a petition under Section 482 of BNSS, which was rejected in terms of an order dated
06.05.2026. Being aggrieved by the same, the petitioner is before this Court.
4.
Learned counsel for the petitioner submits that there is an ongoing civil dispute between the complainant and petitioner/accused No.2. Learned counsel for the petitioner also contended that the respondent has invoked Section 109 of BNS, though there are no allegations which constitute an offence under Section 109 of BNS. Learned counsel for the petitioner further submits that, the complainant has suffered minor injuries and in this regard, has furnished a copy of the photograph which shows that the complainant has suffered
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
some injuries on his face. Therefore, learned counsel for the petitioner prays that, the petitioner be released on bail.
5. Per contra, learned High Court Government Pleader contended that, the petitioner had assaulted the complainant with a beer bottle and hands. Learned High Court Government Pleader also submitted that, there was an ongoing dispute between the complainant and accused No.2 and it was he who aided and abetted the other accused in assaulting the complainant and therefore submits that, the petitioner is not entitled for bail.
6. Having regard to the fact that the injuries suffered by the complainant were simple in nature, the Trial Court ought to have considered the application filed by the petitioner under Section 482 of BNSS pragmatically rather than rejecting on the ground that the petitioner was a rowdy sheeter in the past.
7. In that view of the matter, the petitioner/accused No.2 is entitled to be granted anticipatory bail. Consequently, the following order is passed:
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
ORDER i. The petition is allowed; ii. The respondent is
directed to release the petitioner/accused No.2 on bail in case of his arrest in Crime No.0150/2026, for the offences punishable under Sections 118(1), 324(4), 352, 351(2) read with Section 3(5) of the BNSS, 2023, subject to the following conditions: (a) He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with a solvent surety for the likesum and to the satisfaction of the Trial Court. (b) He shall make himself available for interrogation by the Investigating Officer as and when required. (c) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to
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HC-KAR NC: 2026:KHC:25284 CRL.P No. 7133 of 2026
the Court or to any Police Officer or tamper with the evidence. (d) He shall not leave the jurisdiction of the Court without the previous permission of the Court. (e) He shall not indulge in commission of any similar offences. In the event of violation of any of the above conditions, it is open for the Investigating Officer to seek for cancellation of the anticipatory bail granted.
Sd/- (R. NATARAJ) JUDGE
BKN List No.: 1 Sl No.: 74