SRI AVINASHA.G.O. v. STATE BY TURUVANUR POLICE STATION,
CRL.P/7386/2026 · 2026-07-09
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27351 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27351 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34912 CRL.P No. 7386 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7386 OF 2026 BETWEEN:
1. SRI AVINASHA.G.O.
S/O OBALESHA AGED ABOUT 32 YEARS BELLAGATTTA VILLAGE KALLENAHALLI - 577 538 CHITRADURGA TALUK AND DISTRICT. 2. SRI L. RAKESHA S/O LOKESHAPPA AGED ABOUT 21 YEARS KALLENAHALLI - 577 538 BELLAGATTA POST CHITRADURGA TALUK AND DISTRICT. …PETITIONERS (BY SRI SWAMY SHIVA PRAKASH H, ADV.) AND:
STATE BY TURUVANUR POLICE STATION CHITRADURGA SUB DIVISION CHITRADURGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVIAH, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.68/2026 OF TURUVANUR POLICE STATION REGISTERED FOR THE ALLEGED OFFENCE P/US/ 109,115(2),74,351(2),352 AND 126(2) R/W
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34912 CRL.P No. 7386 of 2026
SEC.3(5) OF BNS 2023 BEFORE THE 3rD ADDL CIVIL JUDGE AND JMFC COURT, CHITRADURGA DISTRICT, CHITRADURGA
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 & 2 in Crime No.68/2026 registered by Turuvanur Police Station, Chitradurga District, for the offences punishable under Sections 109, 115(2), 74, 351(2), 352, 126(2) read with 3(5) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.68/2026 was registered by Turuvanur Police Station, Chitradurga District, for the aforesaid offences against the petitioners herein based on the first information dated 09.04.2026 received from Smt. Kavitha W/o Jayyanna who is one of the injured witness in the present case. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.401/2026 before the jurisdictional Sessions Court which was rejected on 04.05.2026. Therefore, they are before this Court. - 3 -
HC-KAR NC: 2026:KHC:34912 CRL.P No. 7386 of 2026
4.
In the typed first information dated 09.04.2026, it is stated that on 08.04.2026 at about 9.00 p.m., when the first informant's son Aadi was dancing for DJ music near the village temple, the accused persons had quarreled with him. The villagers had interfered and pacified both the parties. Subsequently, petitioners allegedly had followed Aadi and had assaulted him. Since Aadi had not returned home, his parents had searched for him and at about 4.00 a.m. on 09.04.2026, they found Aadi lying down unconscious. Immediately thereafter, he was shifted to a hospital and after he gained consciousness, he allegedly had informed about the assault made by the accused persons on him. 5. In respect of the alleged incident that had taken place at about 9.30 p.m. on 08.04.2026, the first information was belatedly filed on 09.04.2026 at 14.30 hours. Though in the first information it is stated that Aadi has suffered grievous injuries in the incident in question, the prosecution has not produced any medical records to prove the allegations found in the first information. It is not in dispute that petitioners do not have any criminal antecedents. They have undertaken to co-
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HC-KAR NC: 2026:KHC:34912 CRL.P No. 7386 of 2026
operate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
5. The 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.68/2026 registered by Turuvanur Police Station, Chitradurga District, for the offences punishable under Sections 109, 115(2), 74, 351(2), 352, 126(2) read with 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 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 they shall co-operate with
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HC-KAR NC: 2026:KHC:34912 CRL.P No. 7386 of 2026
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
KK