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2026 DAILYLAW 24936 (KAR)

DHANUSH @ HUNDI KALLA v. STATE OF KARNATAKA BY

CRL.P/2416/2026 · 2026-06-30

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2416 OF 2026 BETWEEN: DHANUSH @ HUNDI KALLA S/O UMESH, AGED ABOUT 29 YEARS, R/AT NO.50, 4TH CROSS, 1ST MAIN, K. B. NAGAR, PIPE LINE WEST, BENGALURU CITY. ALSO AT 4TH CROSS, BCC LAYOUT, ATTIGUPPE, BENGALURU CITY. …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGED HIM ON ANTICIPATORY BAIL IN C.C NO.28293/2025 OF CRIME NO.229/2019 OF BYATARAYANAPURA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 307, 324, 504, 427, READ WITH 34 OF INDIAN PENAL CODE AND SECTION 2A OF PDLP ACT REGISTERED BY RESPONDENT BYATARAYANAPURA POLICE STATION, PENDING BEFORE XLV ADDL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY IN THE EVENT OF HIS ARREST. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Crime No.229/2019 registered by Byatarayanapura Police Station, Bengaluru City for the offences punishable under Section 143, 147, 307, 324, 504, 427 read with 149 of IPC and under Section 2(A) of Prevention of Destruction and Loss of Property Act, 1981, is before this Court, in this petition under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.229/2019 was registered by Byatarayanapura Police Station, Bengaluru for the aforesaid offences against five unknown persons and one Govinda, based on the first information dated 22.06.2019 received from Sri.Diwakar Murthy.M., who is the injured victim in the present case. The police after investigation - 3 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 have filed charge sheet against seven persons and petitioner is arraigned as accused No.4 in the charge sheet. Apprehending arrest in the said case, he had filed Crl.Misc.No.2/2026 before the jurisdictional Sessions Court, which was rejected on 12.01.2026. Therefore, he is before this Court. 4. Perusal of the first information as well as the charge sheet filed in the present case would go to show that, it is the case of the prosecution that on 22.06.2019 the accused persons who came in two wheelers by holding cricket bats in their hands, indiscriminately damaged the public vehicles parked in Kasturaba Nagar, New Timber Yard Layout area, within the jurisdiction of Byatarayanapura Police Station, Bengaluru and when the first informant questioned the same, he was allegedly assaulted by accused Nos.1 and 2 causing injuries to him. It is further alleged that the accused persons had caused damages to the tune of Rs.5,000/- to the public property and it is under these circumstances FIR was registered - 4 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 against five unknown persons and another by name Govinda. In the charge sheet which is filed subsequently, Govinda has been arraigned as accused No.1 and the petitioner herein is arraigned as accused No.4. 5. Learned counsel for the petitioner submits that since the petitioner was in judicial custody in another criminal case registered against him under the provisions of Arms Act, he was shown as absconding in the charge sheet. He submits that, in the other two criminal cases registered against him, the petitioner has been enlarged on bail. In the present case, though he was produced before the Court under a body warrant, he was never remanded to judicial custody. Therefore, after he was released in the other criminal case, in which he had been arrested and remanded to judicial custody, the petitioner was released from jail. It is brought to the notice of this Court that case as against the petitioner is split up and is pending before the committal Court in CC.No.28293/2025 and insofar as the other accused persons are concerned, - 5 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 the case has already been committed and is pending before the jurisdictional Sessions Court in SC.No.1074/2025. The petitioner has undertaken to co- operate before the Trial Court for the speedy disposal of the case. According, the following : 6. 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.229/2019 registered by Byatarayanapura Police Station, Bengaluru City for the offences punishable under Section 143, 147, 307, 324, 504, 427 read with 149 of IPC and under Section 2(A) of Prevention of Destruction and Loss of Property Act, 1981, 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 concerned Court. - 6 - HC-KAR NC: 2026:KHC:32237 CRL.P No. 2416 of 2026 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 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; 5. Petitioner shall appear before the S.H.O. of Byatarayanapura police station on every fourth Sunday of the month, between 10.00 a.m. and 1.00 p.m. and mark his attendance for a period of 1 year from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 31