- 1 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8404 OF 2026 C/W CRIMINAL PETITION NO. 8457 OF 2026 IN CRL.P No. 8404/2026: BETWEEN: 1. SRI MAHADEVASWAMY N S/O NAGARAJU AGED ABOUT 34 YEARS R/A. AMBEDKAR ROAD HONGANUR VILLAGE SANTEMARALLI HOBLI CHAMARAJNAGAR TALUK - 571 117. …PETITIONER (BY SRI DILIP KUMAR I.S, ADV.) AND: 1. STATE BY SANTEMARALLI P.S. CHAMARAJANAGAR DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON PRE-ARREST BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.0043/2026 BY SANTEMARALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 118(1), 109, 61(2), 3(5) OF THE BHARATIYA NYAYA SANHITA 2023. IN CRL.P NO. 8457/2026 BETWEEN: 1. SIDDABASAVAIAH S/O JANAIAH AGED ABOUT 49 YEARS RESIDING AT AMBEDKAR STREET HONGANURU VILLAGE SANTHEMARALLI HOBLI CHAMARAJANAGARA PIN CODE - 571 115. ...PETITIONER (BY SRI SURESH M CHARAMAGOL, ADV.) AND: 1. THE STATE OF KARNATAKA BY SANTHEMARALLI POLICE STATION CHAMARAJANAGAR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ ACCUSED NO.2 ON BAIL IN - 3 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 CR.NO.43/2026 OF SANTEMARALLI P.S. FOR THE ALLEGED OFFENCE P/U/S 118(1),109,61(2) R/W 3(5) OF BNS PENDING ON THE FILE OF THE HONBLE CIVIL JUDGE AND J.M.F.C YALANDUR, CHAMARAJANGARA DIST. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.43/2026 registered by Santemaralli Police Station, Chamarajanagar, for the offences punishable under Sections 118(1), 109, 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, are before this Court in these two petitions filed under Sections 482 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory and regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.43/2026 was registered by Santemaralli Police Station, Chamarajanagar, for the aforesaid offences against the petitioners herein based on the first information dated 07.05.2026 received from Mahadevaiah, who is the injured victim in the present case. Apprehending arrest in the case, accused No.1 had filed Crl.Mis.No.198/2026 before - 4 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 the jurisdictional Sessions Court, which was rejected on 05.06.2026. Therefore, he is before this Court in Crl.P.No.8404/2026. During the course of investigation, accused No.2 was arrested and he had filed Crl.Mis.No.204/2026 before the jurisdictional Sessions Court, which was also rejected on 05.06.2026. Therefore, he is before this Court in Crl.P.No.8457/2026. 4. Perusal of the material on record would go to show that there was ill will between the accused No.1 and the alleged victim as a result of the assault made by the alleged victim in the present case on accused No.1 in the year 2025, which had resulted in registering FIR in Crime No.224/2025 by Chamarajanagar East Police Station, in which alleged victim herein is arrayed as accused No.2. In the present incident that has taken place on 07.05.2026, the alleged victim has suffered two injuries. The wound certificate, which is made available to this Court by learned HCGP, would go to show that he has suffered only simple injuries. During the course of investigation, accused No.2 was arrested in the present case. The major portion of the investigation is now completed. - 5 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 Considering the nature of allegations found against the accused persons and also the injury suffered by the alleged victim, I am of the opinion that the prayers made by the petitioners in these two petitions for grant of anticipatory bail and regular bail are required to be answered in the affirmative subject to appropriate conditions. Hence, the following: ORDER In Crl.P.No.8404/2026 (i) The petition is allowed. (ii) The respondent – Police or any other police in the State of Karnataka are directed to release the petitioner/Accused No.1 in the event of his arrest in Crime No.43/2026 registered by Santemaralli Police Station, Chamarajanagar for the offences punishable under Sections 118(1), 109, 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The Petitioner shall appear before the jurisdictional court within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a - 6 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the court. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioner shall not involve in similar offences in future. In Crl.P.No.8457/2026 (i) The criminal petition is allowed. (ii) The petitioner/accused No.2 is ordered to be enlarged on bail in Crime No.43/2026 registered by Santemaralli Police Station, Chamarajanagar for the offences punishable under Sections 118(1), 109, 61(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - HC-KAR CNR: KAHC010399552026 NC: 2026:KHC:37733 CRL.P No. 8404 of 2026 C/W CRL.P No. 8457 of 2026 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 45