- 1 - HC-KAR NC: 2026:KHC:25676 CRL.P No. 540 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. 540 OF 2026 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. DIPENDDRARAJ VISHNUPRASAD JOSHI S/O VISHNUPRASAD JOSHI, AGED ABOUT 29 YEARS, R/AT NO.111, ERNAAR CONFORTS, 7TH MAIN, 2ND CROSS, BEHIND MARUTHI LAYOUT, BTM 1ST STAGE, BENGALURU- 560 029 …PETITIONER (BY SRI. MOHAMMED IBRAHIM, ADVOCATE) AND: 1. STATE BY MAHADEVAPURA POLICE STATION BENGALURU. REP. BY SPP HIGH COURT BUILDING, BANGALORE 560001, …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.762/2025 REGISTERED BY THE MAHADEVAPURA P.S. PENDING BEFORE THE XXIX ACJM AT BENGALURU FOR THE OFFENCE P/U/S. 118(1) AND 109 R/W SEC.3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25676 CRL.P No. 540 of 2026 ORAL ORDER The accused No.1 in Crime No.762/2025 registered by the Mahadevapura Police Station for the offences punishable under Sections 118(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) is before this Court seeking regular bail. 2. Heard Sri.Mohammed Ibrahim, learned counsel appearing for the petitioner and Sri. Rangaswamy R., learned HCGP appearing on behalf of the respondent/State. 3. FIR in Crime No.762/2025 was registered by Mahadevapura Police Station, Bangalore, initially for the offences punishable under Section 118(1) r/w Section 3(5) of the BNS, 2023, as against the petitioner and others based on the first information dated 05.12.2025 received from Sagar Bistha, who is the injured/victim in the present case. During the course of investigation, the petitioner - 3 - HC-KAR NC: 2026:KHC:25676 CRL.P No. 540 of 2026 herein was arrested on 05.12.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.26029/2025 was rejected on 23.12.2025. Under these circumstances, he is before this Court. 4. In the first information which is submitted by the injured/victim, he has not stated the exact reason for which he was assaulted by the accused in the present case. FIR in the present case was initially registered invoking Section 118(1) r/w Section 3(5) of the BNS, 2023. After the petitioner was arrested, the police had invoked Section 109 of BNS, 2023. It is under these circumstances, the jurisdictional Sessions Court had rejected the bail application of the petitioner. Subsequently, the police have completed the investigation and have now filed the charge sheet only for the offences punishable under Section 118(1) r/w 3(5) of BNS, 2023. The offence punishable under Section 109 of BNS, 2023 has not been invoked against the petitioner in the charge - 4 - HC-KAR NC: 2026:KHC:25676 CRL.P No. 540 of 2026 sheet. Undisputedly, the petitioner has no other criminal antecedents. The injured/victim has been discharged from the hospital. The petitioner is in custody in the present case for the last six months. 5. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.762/2025 of Mahadevapura Police Station registered for the offences punishable under Sections 118(1) r/w 3(5) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.50,000/- with two sureties for - 5 - HC-KAR NC: 2026:KHC:25676 CRL.P No. 540 of 2026 the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DR List No.: 1 Sl No.: 41