- 1 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10092 OF 2026 BETWEEN: MADAN KUMAR R B @ MADAN S/O BHASKAR, AGED ABOUT 28 YEARS, NO.39, 2ND CROSS, MOODALAPALYA, SANJEEVINI NAGAR, NEAR SAI BABA TEMPLE BENGALURU - 560 007. …PETITIONER (BY SRI. CHIRAG G., ADVOCATE) AND: THE STATE BY RAJAJINAGAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 THE PETITION AND RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.37202/2022 OF RAJAJINAGAR POLICE STATION FOR AN ALLEGED OFFENCE P/SU/ 144, 504, 307, 323, 448, 506, 354 R/W SEC.149 OF IPC OF RAJRJINAGARA P.S., PENDING ON THE FILE OF THE HONBLE 32ND ADDL CJM BENGALURU, 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 No.5 in Crime No.228 of 2017 registered by Rajajinagar Police Station, Bengaluru City for offences punishable under Sections 144, 504, 307, 323, 448, 506, 354, r/w 149 of IPC is before this Court in this petition filed under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 3. FIR in Crime No.228 of 20174 was registered by Rajajinagar Police Station, Bengaluru City for the aforesaid offences against Vijaya Kumara and five others, based on the first information dated 03.10.2017 received from one Sri.Sebas, son of Sri.Khayum, who is the alleged victim in the present case. During the course of investigation, some of the accused were arrested and after completing investigation, charge-sheet is filed against six persons. Petitioner is arrayed as accused No.5 in the charge-sheet. Since the petitioner had not appeared before the Committal Court, after charge-sheet was filed, split-up case was registered against him in C.C.No.37202 of 2022. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5303 of 2026 before the jurisdictional Sessions Court, which was rejected on 20.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. Accused No.1 - Vijaya Kumara, was the close friend of the - 4 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 injured victim, Sebas. After completing investigation, charge-sheet is filed in the present case against six persons and case against accused Nos.1, 3 and 6 was committed to the Jurisdictional Sessions Court and numbered in S.C.No.39 of 2023. Further proceedings as S.C.39 of 2023 has been quashed by the Co-ordinate bench of this Court in Crl.P.No.5312 of 2023 vide order dated 08.08.2023, based on the settlement reported between the parties. In Paragraph Nos.3 and 4 of the said order reads as under: "3. The parties are present before this Court, and they have filed I.A.1/2023 under Section 320(8) read with Section 482 of Cr.PC stating that, they have amicably settled the dispute among themselves, and the respondent No.2 - defacto complainant has no objection for quashing the impugned proceeding. The offences alleged against the accused herein are cognizable and non- compoundable. 4. Perusal of the wound certificate indicates that, the injury sustained by CW1 is simple in nature. The specific allegation of assaulting CW1 with machete on his head is against the accused No.1, and there is no allegation by the injured that, the accused No.1 with an intention to murder assaulted CW1, which is an essential element to constitute the commission of offence under Section 307 of IPC. Hence, it would be futile exercise if the - 5 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 petitioners are subject to trial, since the probability of conviction is remote and bleak in view of the settlement arrived between the petitioners and the defacto complainant. 5. Perusal of the charge-sheet would go to show that allegation of assaulting injured victim with weapons is found against accused Nos.1 and 2, whereas accused Nos. 3 to 6 allegedly had assaulted him with hands and legs. Considering the nature of allegations as against the petitioner and also having regard to the fact that further proceedings in the present case as against accused Nos.1, 3 and 6 has been quashed by the Co-ordinate bench of this Court, in view of the settlement between the parties. The prayer of the petitioner for grant of anticipatory bail needs to be answered in the 'affirmative'. Hence, the following: ORDER (i) 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 - 6 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 No.228 of 2017 registered by Rajajinagar Police Station for the offences punishable under Sections 144, 504, 307, 323, 448, 506, 354, r/w 149 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within Fifteen 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/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the investigating officer; 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; - 7 - HC-KAR CNR: KAHC010467642026 NC: 2026:KHC:44211 CRL.P No. 10092 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DH List No.: 1 Sl No.: 61