- 1 - HC-KAR NC: 2026:KHC:28942 CRL.P No. 7912 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7912 OF 2026 BETWEEN: 1. SRI KARIYAPPA K S/O POOJARI KARIYAPPA AGED ABOUT 69 YEARS RESIDING AT PEDDANAHALLI VILLAGE, KASABA HOBLI GUBBI TALUK - 572 220 TUMAKURU DISTRICT. 2. SRI KRISHNA MURTHY P.K S/O K. KARIYAPPA AGED ABOUT 69 YEARS RESIDING AT PEDDANAHALLI VILLAGE, KASABA HOBLI GUBBI TALUK - 572 220 TUMAKURU DISTRICT. …PETITIONERS (BY SRI BHADRINATH R, ADV.) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER GUBBI POLICE STATION GUBBI TALUK - 572 216 TUMAKURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS/ACCUSED NO.2 AND 3 AND DIRECT THE RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28942 CRL.P No. 7912 of 2026 POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.125/2026 ON THE FILE SENIOR CIVIL JUDGE AND JMFC GUBBI FOR THE OFFENCES PUNISHABLE UNDER SECTION 109(1) OF THE BHARATIYA NYAYA SANHITA (B.N.S, 2023) BY ALLOWING THIS PETITION AND CONSEQUENTLY SET ASIDE THE ORDER DATED 07.05.2026 IN CRL.MISC.NO.676/2026 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKUR BY IMPOSING ANY REASONABLE CONDITIONS AS THIS HONBLE COURT DEEM FIT TO IMPOSE, IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel for the petitioners submits that this petition may be dismissed as not pressed with liberty to the petitioners to file necessary application in Crl.P.No.7182/2026 disposed of on 21.05.2026 seeking to include offence under Section 109(1) of BNS, 2023 which has been invoked by the prosecution subsequently. 2. The said submission is placed on record. The criminal petition is dismissed as not pressed with liberty as prayed for. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 11