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2026 DAILYLAW 20206 (KAR)

KUPPASWAMY v. STATE OF KARNATAKA

CRL.P/6833/2026 · 2026-06-09

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27775 CRL.P No. 6833 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6833 OF 2026 BETWEEN: KUPPASWAMY S/O. LATE CHINNASWAMY AGED ABOUT 72 YEARS R/AT. UKKUNDA VILLAGE ANTHARAGANGE POST BHADRAVATHI SHIVAMOGGA DISTRICT - 577 245. …PETITIONER (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER BHADRAVATHI NEWTOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR NO.64/2026 DATED 06.04.2026 PERTAINING TO THE BHADRAVATHI NEW TOWN POLICE STATION PENDING BEFORE HONBLE COURT OF 4TH CIVIL JUDGE AND JMFC COURT, BHADRAVATHI SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 189(2), 189(4), 191(2), 191(3), 352, 118(1), 115(2), 126(2), 351(2) AND 190 OF BNS 2023. 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:27775 CRL.P No. 6833 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.64/2026 registered by Bhadravathi New Town Police Station, Shivamogga, for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 352, 118(1), 115(2), 126(2), 351(2) and 190 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 for the parties. 3. FIR in Crime No.64/2026 was registered by Bhadravathi New Town Police Station, Shivamogga, for the aforesaid offences against petitioner and others based on the first information dated 06.04.2026, received from Sathish, who is the injured victim in the present case. Apprehending arrest in the present case, petitioner had filed Crl.Misc.No.5089/2026, which was rejected by the jurisdictional Sessions Court on 28.04.2026. It is under these circumstances, the petitioner is before this Court. - 3 - HC-KAR NC: 2026:KHC:27775 CRL.P No. 6833 of 2026 4. Accused persons and the injured are close relatives and it appears that there is certain property dispute between them. On 05.04.2026, accused No.1, who came with other four persons at about 07.00 p.m. allegedly intercepted the two wheeler in which the injured victim was travelling and after abusing him assaulted him with an axe on his head causing blood oozing injuries. Wound certificate of injured victim would go to show that he has suffered only simple injuries in the alleged incident. Petitioner aged 72 years has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Undisputedly, there is a property dispute between the two parties. Under the circumstances, 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.64/2026 registered by Bhadravathi New Town Police Station, Shivamogga, for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 352, 118(1), 115(2), 126(2), - 4 - HC-KAR NC: 2026:KHC:27775 CRL.P No. 6833 of 2026 351(2) and 190 of BNS, 2023, subject to the following conditions: 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.: 62