- 1 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5424 OF 2026 BETWEEN: SABIR S/O SADAM HUSSAIN AGE ABOUT 20 YEARS R/O NO.353, MODI ROAD D.J. HALLI, BENGALURU NORTH BENGALURU - 560 045. …PETITIONER (BY SRI GIREESHA J.T, ADV.) AND: STATE OF KARNATAKA BY DEVARAJAJEEVANHALLI P.S REP. BY SPP, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR.NO.65/2026 OF DEVARAJEEVANAHALLI P.S., PENDING BEFORE THE 11th ACMM COURT, MAYO HALL, BANGLAORE, FOR THE OFFENCES P/U/S 109(1),352 R/W 3(5) OF BNS. 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 NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 ORAL ORDER 1. Accused No.2 in Crime No.65/2026 registered by Devarajeevanahalli Police Station, Bengaluru City for the offences punishable under Sections 109(1) & 352 r/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and learned Addl. SPP on behalf of respondent - State. 3. FIR in Crime No.65/2026 was registered by Devarajeevanahalli Police Station, Bengaluru City for the aforesaid offences on the basis of first information dated 12.02.2026 received from Sri Imran Khan S/o late Ismayil Khan, who is the injured victim in the present case. Apprehending arrest in the said case, the petitioner, who is arraigned as accused no.2 in the FIR had filed bail application before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 Crl.Misc.No.25236/2026, which was heard and rejected on 25.03.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner aged about 20 years has no other criminal antecedents. Though there is an allegation as against him about assaulting the injured with a weapon there is no corresponding injury sustained by the victim. Accused nos.1 and 3 who were arrested in the present case have been granted regular bail. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that the victim has suffered grievous injury and the petitioner is seeking anticipatory bail whereas accused nos.1 and 3 have been granted regular bail. Accordingly, she prays to dismiss the petition. 6. In the first information dated 12.02.2026 submitted by the injured victim he has stated that on 10.02.2026 at about 8.15 p.m, after having food in a - 4 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 restaurant he was standing outside in the road at that time, accused nos.1 to 3 who came there started staring at him and when he questioned them they allegedly abused him and thereafter assaulted him. In the first information he has stated that accused no.1 had initially assaulted him with a long on his hand and caused blood oozing injury. Subsequently, the petitioner also assaulted him with the very same weapon and caused injury on his left waist. 7. The wound certificate of the injured victim would go to show that, he has suffered only one injury on his left hand. Therefore, there is no corresponding injury on the victim as a result of the assault made by the petitioner herein. Accused nos.1 and 3 who were arrested in the present case have been granted regular bail by the jurisdictional Sessions Court in Crl.Misc.no.25301/2026 and Crl.Misc.No.25265/2026. It is stated that, the petitioner, who is aged about 19 years has no other criminal antecedents. - 5 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 8. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of anticipatory bail needs to be allowed subject to appropriate conditions. 9. Accordingly, the following: ORDER The Criminal 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.65/2026 registered by Devarajeevanahalli Police Station, Bengaluru City for the offences punishable under Sections 109(1) & 352 r/w Section 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two - 6 - HC-KAR NC: 2026:KHC:26835 CRL.P No. 5424 of 2026 sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 63