- 1 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 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. 7400 OF 2026 BETWEEN: MR. PURUSHOTHAM KOTIAN, S/O MR. MANJUNATHA KUNDAR, AGED ABOUT 43 YEARS, R/AT NO.4-79/3A, VANAJA NIVAS, BADANIDIYOOR VILLAGE, UDUPI TALUK AND DISTRICT - 576 115. …PETITIONER (BY SRI. THANOJ KUMAR., ADVOCATE) AND: STATE OF KARNATAKA, THROUGH S.H.O., MALPE POLICE STATION, UDUPI DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.SOWMYA R., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.49/2026 OF THE RESPONDENT MALPE POLICE STATION, UDUPI DISTRICT) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 352, 115(2), 109, 190 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 PENDING ON THE FILE OF PRL. SR. CIVIL JUDGE AND CJM, UDUPI. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 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 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for anticipatory bail in Crime No.49/2026 registered by the respondent for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 109 and 190 of BNSS. 2. Briefly stated, the case of the prosecution was that the complainant alleged that he had business relationship with one Jayash Kotian and that he was supposed to pay some money to him. It is alleged that on 30.04.2026 at about 11 am when he was at the fish auction center, the mother of accused No.1, namely accused No.2 and their accomplice namely, accused No.3, accused No.4 and accused No.5 abused him in Tulu and attempted to murder him with a knife. Insofar as this petitioner is concerned, it was alleged that he assaulted - 3 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 of 2026 the complainant on his back as a result of which, the complainant fell down. Based on the information furnished, the respondent registered a case in crime No.49/2026 for the aforesaid offences. The petition filed by the petitioner and other accused in Crl.Misc.No.190/2026 for anticipatory bail was allowed-in- part and petition filed by the petitioner was rejected on the ground that the presence of the petitioner is necessary for investigation and granting anticipatory bail to him would give him every chance to avoid the investigation. Being aggrieved by the same, the petitioner is before this Court. 3. Learned counsel for the petitioner submitted that the only allegation against the petitioner is that he has assaulted the complainant on his back with his hands. He therefore submits that when the other accused who have been accused of serious allegations, were granted anticipatory bail, the trial Court committed an error in rejecting the petition filed by the petitioner on the ground - 4 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 of 2026 that his presence for conducting an investigation was necessary. He therefore prays that the petitioner be granted anticipatory bail on par with the other accused. 4. Learned High Court Government Pleader on the other hand submitted that there is clear allegation against the petitioner that he had assaulted the complainant on his back, as a result of which, the complainant fell down. She therefore submits that the trial Court has rightly not entertained the request of the petitioner for anticipatory bail. 5. I have considered the submissions made by the learned counsel for the petitioner and learned High Court Government Pleader for the respondent. 6. A perusal of the information furnished by the complainant would go to show that the petitioner had allegedly assaulted the complainant on his back, while accused No.1 had assaulted him on his chest with his bare foot. Therefore, as rightly contended by the learned - 5 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 of 2026 counsel for the petitioner, the trial Court could not have refused the request for anticipatory bail, more particularly when the allegation against the petitioner was not that serious when compared to the allegation against the other accused. 7. In that view of the matter, the following: ORDER i) The petition is allowed. ii) The petitioner is granted anticipatory bail and the respondent is directed to release the petitioner in the event of his arrest in Crime No.49/2026 registered by the respondent for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 109 and 190 of BNSS, 2023, subject to the following conditions: a. He shall execute a personal bond for Rs.50,000/- with a solvent surety for the likesum and to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2026:KHC:25265 CRL.P No. 7400 of 2026 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/her from disclosing such facts to 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. Sd/- (R. NATARAJ) JUDGE KA List No.: 1 Sl No.: 48