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2026 DAILYLAW 18296 (KAR)

DILIP @ DILIPKUMAR. N v. STATE BY GUNDLUPETE POLICE STATION

CRL.P/1390/2026 · 2026-06-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25679 CRL.P No. 1390 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1390 OF 2026 BETWEEN: DILIP @ DILIPKUMAR. N., S/O LATE. NAGARAJU, AGED ABOUT 24 YEARS, RESIDING AT ANNURU VILLAGE, KASABA HOBLI, GUNDIPETE TALUK, CHAMARAJANAGARA DISTRICT - 571 111, MOBIL NO.9945785853. …PETITIONER (BY SRI. SATHISH P., ADVOCATE) AND: STATE BY GUNDLUPETE POLICE STATION, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001). …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP) THIS CRL.P. IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.6/2026 OF GUNDLUPETE POLICE FOR THE ALLEGED OFFENCES U/S 115(2), 189(2), 191(2), 191(3), 118(1), 109, 54, 352, 351(2) R/W 190 OF BNS 2023 ON THE FILE OF THE HONBLE CIVIL JUDGE AND JMFC COURT AT GUNDLUPETE. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25679 CRL.P No. 1390 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail in Crime No.6/2026 registered by the Gundlupete Police Station, Chamarajnagar, for the offences punishable under Sections 115(2), 189(2), 191(2), 191(3), 118(1), 109, 54, 352, 351(2) read with Section 190 of BNS, 2023. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of the respondent-State. 3. FIR in Crime No.6/2026 was registered by the Gundlupete Police Station, Chamarajnagar, for the aforesaid offences against Varuna and others based on first information dated 05.01.2026 received from Papanna, who is one of the injured victim in the present case. Apprehending the arrest in the case, the petitioner who - 3 - HC-KAR NC: 2026:KHC:25679 CRL.P No. 1390 of 2026 was arrayed as accused No.4 in the FIR, had filed Criminal Miscellaneous No.20/2026, which was rejected by the jurisdictional Sessions Court on 19.01.2026. It is under these circumstances, petitioner is before this Court. 4. Learned counsel for the petitioner submits that allegation of assaulting the injured victim with machetes is only as against accused Nos.1 and 2, who have been granted anticipatory bail by the very same Sessions Court in Crl.Misc.No.43/2026, disposed of on 18.02.2026. The petitioner has no other criminal antecedent. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition averments, however, does not dispute the submission made by learned counsel for the petitioner. 6. On perusal of the first information, the same would go to show that allegation of assault on the injured by machete is only as against the accused No.1 and 2 and the allegation as against the petitioner and the other - 4 - HC-KAR NC: 2026:KHC:25679 CRL.P No. 1390 of 2026 accused named in the FIR, is about instigating accused No.1 and 2 to commit the crime. Accused No.1 and 2 have been granted anticipatory bail in the present case in Crl.Misc.No.43/2026, disposed of on 18.02.2026. Undisputedly, petitioner has no other criminal antecedent. 7. Under these circumstances, I am of the opinion that without expressing any opinion on the merit of the case, the prayer made by the petitioner for grant of anticipatory bail is to be allowed. Accordingly, I pass the following: ORDER (i) The criminal petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.6/2026 registered by Gundlupete police station for offences punishable under Sections 115(2), 189(2), 191(2), 191(3), 118(1), 109, 54, 352, 351(2) read with 190 of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:25679 CRL.P No. 1390 of 2026 (a) The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. (b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (c) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 53