Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:25735 CRL.P No. 2368 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. 2368 OF 2026 BETWEEN:
SRI D.G. MALATHESH S/O D.G. REVANNA AGE ABOUT 35 YEARS RESIDING AT NO.822/90 1ST MAIN, 1ST CROSS GOVT SCHOOL ROAD, NITUVALLI DAVANAGERE - 577 004. …PETITIONER (BY SRI PRABHU PUJAR S, ADV.) AND:
THE STATE OF KARNATAKA BY EXTENSION POLICE STATION DAVANAGERE DISTRICT REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.3 IN CRIME NO.14/2026 REGISTERED BY EXTENSION POLICE STATION, DAVANAGERE CITY, DAVANAGERE FOR THE ALLEGED OFFENCE P/S/109,115(2),329(4),351(2),352 R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE COURT OF 2nd ADDL CIVIL JUDGE AND JMFC, DAVANAGERE DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:25735 CRL.P No. 2368 of 2026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.3 in Crime No.14/2026 registered by Davanagere Extension Police Station, Davanagere, for the offences punishable under Sections 109, 115(2), 329(4), 351(2), 352 read with Section 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and the learned HCGP appearing on behalf of the respondent - State. 3. FIR in Crime No.14/2026 was registered by Davanagere Extension Police Station, Bengaluru for the aforesaid offences against Smt. Pushpa Siddesh and others based on the first information dated 09.01.2026 received from Manoj Kumar A S, who is the injured victim in the present case. Apprehending arrest in the case, petitioner, who is arraigned as accused No.3 in the FIR had filed Crl.Misc.No.48/2026 before the jurisdictional Sessions Court, which was rejected on
31.01.2026. Therefore, he is before this Court. - 3 -
HC-KAR NC: 2026:KHC:25735 CRL.P No. 2368 of 2026
4. Perusal of the material on record would go to show that there is a civil dispute between the parties and multiple civil and criminal cases are pending between them.
It is in this background the alleged incident in question had taken place on 09.01.2026 in which accused persons after abusing the first informant using filthy language had also assaulted him. Undisputedly, victim has suffered only simple injuries in the incident in question. Accused Nos.1 and 2 have been granted anticipatory bail by the Co-ordinate Bench of this Court in Crl.P.No.2364/2026 disposed off on 30.04.2026. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be allowed on the ground of parity. Accordingly, the following:-
5. The petition is allowed. 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.14/2026 registered by Davanagere Extension Police Station, Davanagere, for the offences punishable under Sections 109, 115(2), 329(4), 351(2), 352 read with Section 3(5) of BNS, 2023, subject to the following conditions:
- 4 -
HC-KAR NC: 2026:KHC:25735 CRL.P No. 2368 of 2026
1. 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. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 61