- 1 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 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. 6788 OF 2026 BETWEEN: 1. MANJUNATHA PRASANNA AGED ABOUT 64 YEARS S/O LATE KARENARASAIAH R/O BUGUDANAHALLI POST BELLAVI HOBLI, TUMKUR - 572 107. 2. SURESH T.H AGED ABOUT 56 YEARS S/O HANUMANTHARAYAPPA R/O. BEGUDANAHALLI POST BELLAVI HOBLI, TUMKUR - 572 107. 3. H. KEMPAHANUMAIAH AGED ABOUT 51 YEARS S/O. HANUMANTHARAYAPPA R/O. BEGUDANAHALLI POST BELLAVI HOBLI, TUMKUR - 572 107. 4. PRUTHVI B.S AGED ABOUT 21 YEARS S/O. SURESH.T.H R/O. BEGUDANAHALLI POST BELLAVI HOBLI, TUMKUR - 572 107. 5. ULLAS B.K AGED ABOUT 19 YEARS S/O. H. KEMPAHANUMAIAH R/O. BEGUDANAHALLI POST BELLAVI HOBLI, TUMKUR - 572 107. …PETITIONERS (BY SRI TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADV,) AND: THE STATE OF KARNATAKA BY TUMAKURU WOMEN POLICE STATION Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 TUMAKURU, REP BY ITS 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 ORDERED THE RELEASE OF THE PETITIONERS / ACCUSED NO.1 TO 5 ON BAIL IN CR.NO.35/2026 IN THE EVENT OF THEIR ARREST BY THE TUMAKURU WOMEN P.S. TUMAKURU/ RESPONDENT POLICE FOR THE OFFENCE P/U/S 64,115(2),351(2),352 R/W 3(5) OF BNS 2023 NOW THE CASE IS PENDING ON THE FILE OF THE HONBLE II ADDL.SENIOR CIVIL JUDGE AND J.M.F.C COURT AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 5 in Crime No.35 of 2026 is registered by Tumkuru Women Police Station, Tumakuru for offences punishable under Sections 64, 115(2), 351(2), 352 R/w Section 3(5) of BNS 2023 are before this Court in this petition filed under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.35 of 2026 was registered by Tumakuru Women Police Station for the aforesaid offences against the petitioners herein based on the first information - 3 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 dated 09.03.2026, received from the alleged victim lady, aged about 55 years. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.482 of 2026 before the jurisdictional Sessions Court, which was rejected on 02.04.2026. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition, has filed a memo along with certain documents and submits that there is a civil dispute between the two parties and prior to the present criminal case, four criminal cases were registered against the family members of the petitioners herein based on the first information submitted by the family members of alleged victim in the present case. Petitioners are all members of the same family and only to seek vengeance a false criminal case is filed after the parties had quarreled on the alleged date of incident in the background of their property dispute. Petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accused no. 1, who is said to have committed the heinous offence is aged 64 years. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 5. Per contra, learned HCGP, who has opposed the petition, submits that allegation found in the first information are serious in nature and therefore custodial interrogation of the accused would be necessary. Petitioners had ill-will against the victim and his family members. Therefore, the allegations cannot be ruled out. Accordingly, he prays to dismiss the petition. 6. In the first information dated 09.03.2026, which is filed at about 23.30 hours, the victim lady, aged about 55 years has stated that on 09.03.2026 at about 04.00 p.m. when she was in their agricultural property bearing Survey No.27 along with her daughters, accused persons, who came there allegedly abused them using filthy language and also assaulted them with their hands and legs. It is further alleged that the accused persons touched their chest inappropriately. Thereafter, accused no.1 removed his pant and inserted his private part into the mouth of the victim, while the other accused persons instigated his act. - 5 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 7. Learned counsel for the petitioner along with the memo filed today has produced certain documents, which would go to show that there is a serious dispute between the two parties with regard to certain property for the last more than 10 years. Four other criminal cases have been registered against the family members of the petitioners herein on the basis of the complaint lodged by the family members of the first informant herein. Allegations made in the said criminal cases is about trespassing and criminal intimidation. 8. In the present case, accused no.1, who is said to have inserted his private part into the mouth of the victim lady is aged about 64 years. The said act was allegedly committed by him in the presence of the daughters of the victim lady, who are aged 35 years and 31 years respectively. Considering the nature of allegations found in the first information, the same is difficult to be believed and they do not inspire confidence in the mind of the Court. 9. Petitioners have undertaken to cooperate with the police for the purpose of investigation. In the alleged incident that had taken place on 09.03.2026 undisputedly none of the - 6 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 victims have suffered any injury. According to the petitioners, after the parties had orally quarreled with each other, a false criminal case is filed only with ulterior motives. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. 10. 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 petitioners in the event of their arrest in Crime No.35 of 2026 is registered by Tumkuru Women Police Station, Tumakuru for offences punishable under Sections 64, 115(2), 351(2), 352 R/w Section 3(5) of BNS 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. - 7 - HC-KAR NC: 2026:KHC:27605 CRL.P No. 6788 of 2026 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.:1 Sl No.61