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2026 DAILYLAW 24517 (KAR)

KIRAN KUMAR v. STATE OF KARNATAKA

CRL.P/7151/2026 · 2026-06-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31909 CRL.P No. 7151 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7151 OF 2026 BETWEEN: 1. KIRAN KUMAR, AGED 26 YEARS, S/O RAMU, R/AT BHARATI COLONY, NEAR ANTHARAGHATTAMMA TEMPLE, OT ROAD, SHIVAMOGGA - 577 201. 2. MR. DHANUSH S.M., AGED ABOUT 21 YEARS, S/O K.MANJUNATHA, R/AT RAVIVARMA STREET, NEAR SEEEHATTI, SHIVAMOGGA - 577 201. …PETITIONERS (BY SRI. VENKATESH SOMAREDDI., ADVOCATE) AND: STATE OF KARNATAKA, BY DODDAPETE POLICE STATION, SHIVAMOGGA. (REPRESENTED BY THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31909 CRL.P No. 7151 of 2026 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 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CONNECTION WITH FIR IN CR.NO.38/2026 OF DODDAPETE POLICE STATION REGISTERED FOR THE OFFENCES P/U/S 352, 115(2), 118(1), 109(1), 3(5) OF BNS 2023 PENDING ON THE FILE OF THE JMFC 2ND COURT SHIMOGGA DISTRICT. 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. 2 and 3 in Crime No. 38/2026 registered by Doddapete Police Station, Shimoga for offences punishable under Sections 352, 115(2), 118(1), 109(1), 3(5) of BNS, 2023 are before this Court in this petition filed under Section 482 of BNSS 2023 seeking anticipatory bail. - 3 - HC-KAR NC: 2026:KHC:31909 CRL.P No. 7151 of 2026 2. Heard the learned counsel for the petitioners and learned HCGP for the respondent. 3. FIR in Crime No. 38/2026 was registered by Doddapete Police Station, Shimoga for the aforesaid offences against one Lohith and the petitioners herein, based on the first information dated 03.02.2026 received from injured victim Viresh. Apprehending arrest in the case, petitioners had filed criminal case in Crl.Misc.No. 144/2026 before the jurisdictional Sessions Court at Shimoga, which was rejected on 27.02.2026. Therefore, they are before this court. 4. A perusal of the first information submitted by the victim would go to show that the accused, named in the FIR and the victim are all friends and the incident in question had taken place after they had together consumed alcohol. Wound certificate of the injured victim would go to show that he has suffered only simple injuries in the incident in question. Further, in the history of - 4 - HC-KAR NC: 2026:KHC:31909 CRL.P No. 7151 of 2026 assault given at the hospital, it is stated that assault was by unknown people. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. 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.38/2026 registered by Doddapete Police Station for the offences punishable under Sections 352, 115(2), 118(1), 109(1), 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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. - 5 - HC-KAR NC: 2026:KHC:31909 CRL.P No. 7151 of 2026 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners 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 petitioners shall not involve in similar offences in future Sd/- (S VISHWAJITH SHETTY) JUDGE BVK List No.: 1 Sl No.: 63