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2026 DAILYLAW 29296 (KAR)

ANNAPPA v. THE STATE OF KARNATAKA BY

CRL.P/8023/2026 · 2026-07-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8023 OF 2026 (438(Cr.PC) / 482(BNSS) ) BETWEEN: 1. ANNAPPA S/O LATE ESHWARAPPA, AGED ABOUT 34 YEARS, OCC: AGRICULTURIST, R/O GOWNAHALLI VILLAGE, HIRIYUR TALUKA, CHITRADURGA DISTRICT- 577 599. 2. SIDDARAMAPPA S/O LATE SIDDALINGAPPA AGED ABOUT 44 YEARS, OCC: AGRICULTURIST R/O GOWNAHALLI VILLAGE, HIRIYUR TALUKA, CHITRADURGA DISTRICT- 577 599. 3. KUMARA S/O ESHWARAPPA, AGED ABOUT 31 YEARS, OCC: AGRICULTURIST R/O GOWNAHALLI VILLAGE, HIRIYUR TALUKA, CHITRADURGA DISTRICT-577 599. …PETITIONERS (BY SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND: Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 THE STATE OF KARNATAKA BY IMANGALA POLICE STATION, IMANGALA CIRCLE, CHITRADURGA DISTRICT - 577 558 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, 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 DIRECT THE CONCERNED POLICE OF IMANGALA POLICE STATION, CHITRADURGA DISTRICT TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.74/2026 OF IMANGALA POLICE STATION, CHITDRADURGA DISTRICT (REGISTERED FOR THE OFFENCES P/U/S 109, 115(2), 189(2), 190, 118(1), 191(2), 191(3), 351(2), 352 OF BNS-2023 (CORRESPONDING PROVISIONS: SECTIONS 307, 323, 143, 324, 147, 148, 506, 504 R/W 149 OF IPC ) NOW PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM COURT, HIRIYUR, CHITRADURGA DISTRICT) IN THE EVENT OF THEIR ARREST AND ETC. 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 Nos.2 to 4 in Crime No.74/2026 registered by Imangala Police Station, Chitradurga District, for the offence punishable under Sections 109, 115(2), 189(2), 190, 118(1), 191(2), 191(3), 351(2), 352 of the Bharatiya - 3 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 Nyaya Sanhita, 2023, are before this Court in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.74/2026 was registered by Imangala Police, Chitradurga for the aforesaid offences against one Tyagaraja and others on the basis of the first information dated 16.04.2026 received from Jagadeesha S/o Shivanna, who is one of the injured-victim in the present case and in the said FIR petitioners herein are arrayed as accused Nos.2 to 4. Apprehending arrest in the said case, the petitioners along with other accused persons had filed a bail petition in Crl.Misc.No.420/2026 before the Jurisdictional Sessions Court, Chitradurga, and the same was rejected as against the petitioners herein on 07.05.2026. Therefore, the petitioners are before this Court. - 4 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the bail petition and prays to dismiss the petition. 6. Perusal of the record would go to show that, there is a civil dispute between the two parties and in this background they had fought against each other on 16.04.2026. In respect of the alleged incident that had taken place on 16.04.2026, a case and counter case have been registered in Crime No.74/2026 and Crime No.75/2026 by Imangala Police Station, Chitradurga. It is not in dispute that alleged victims in the present case have suffered only simply injuries as a result of assault made by the accused persons. The petitioners who are arrayed as accused Nos.2 to 4 in the FIR are agriculturalists by avocation and they do not have any criminal antecedents. It is also not in dispute that the other accused persons, - 5 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 except petitioners herein are granted anticipatory bail by the jurisdictional Sessions Court. Under these circumstances, I am of the considered opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) 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.74/2026 registered by Imangala Police Station, Chitradurga District, for the offence punishable under Sections 109, 115(2), 189(2), 190, 118(1), 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: 1. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and - 6 - HC-KAR CNR: KAHC010381842026 NC: 2026:KHC:36497 CRL.P No. 8023 of 2026 shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) each with one surety 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 witnesses and they shall co- operate with the police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DL List No.: 1 Sl No.: 88