Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 34062 (KAR)

R MUNIYAPPA v. STATE OF KARNATAKA

CRL.P/8662/2026 · 2026-07-31

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8662 OF 2026 BETWEEN: 1. SRI R. MUNIYAPPA S/O M. RAJAPPA AGED ABOUT 56 YEARS RESIDING AT NO.64, 20TH MAI EJIPURA NEXT TO RAMA TEMPLE BENGALURU SOUTH, VIVEKNAGAR BENGALURU - 560 047. 2. SRI PRAVEEN KUMAR M S/O R MUNIYAPPA AGED ABOUT 20 YEARS RESIDING AT NO.64, 20TH MAI EJIPURA NEXT TO RAMA TEMPLE BENGALURU SOUTH, VIVEKNAGAR BENGALURU - 560 047. 3. SMT. REVATHI M D/O R MUNIYAPPA AGED ABOUT 29 YEARS RESIDING AT NO.64, 20TH MAI EJIPURA NEXT TO RAMA TEMPLE BENGALURU SOUTH, VIVEKNAGAR BENGALURU - 560 047. 4. SMT. NANJAMMA W/O R. MUNIYAPPA AGED ABOUT 56 YEARS RESIDING AT NO.64, 20TH MAI EJIPURA NEXT TO RAMA TEMPLE BENGALURU SOUTH, VIVEKNAGAR BENGALURU - 560 047. 5. MS. PRIYANKA M D/O R MUNIYAPPA AGED ABOUT 27 YEARS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 RESIDING AT NO.64, 20TH MAI EJIPURA NEXT TO RAMA TEMPLE BENGALURU SOUTH, VIVEKNAGAR BENGALURU - 560 047. 6. SRI SURESH N S/O NAGARAJ AGED ABOUT 32 YEARS R/A NO.272 5TH MAIN GUTHER EXTENSION VTC VIVEKNAGAR BENGALURU - 560 047. …PETITIONERS (BY SRI VIJAY G SHETTY, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY VIVEKANAGAR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SRI RANGASWAMY R, HCGP FRO R-1; SRI J.K. RAJAGOPAL, ADV., FOR DEFACTO COMPLAINANT V/O DTD:29.07.2026) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGED ON ANTICIPATORY BAIL IN FIR CR.NO.94/2026 OF VIVEKNAGAR POLICE AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.94/2026 OF VIVEKNAGAR P.S. BENGALURU FOR THE OFFENCE P/U/S 109(1),115(2),74,76,126(2),352 R/W 3(5) OF BNS 2023 PENDING TRIAL ON THE FILE OF THE HONBLE 29TH A.C.J.M MAYO HALL BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 ORAL ORDER 1. Accused Nos.2, 3 & 5 to 8 are before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail in Crime No.94 of 2026 registered by Viveknagar Police Station, Bengaluru City for offences punishable under Sections 109(1), 115(2), 74, 76, 126(2), 352 R/w Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.94 of 2026 was registered by Viveknagar Police Station, Bengaluru City for the aforesaid offences against R Vijayappa and others, based on the first information dated 02.05.2026 received from Sri Mukundan, who is one of the injured victim in the present case. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.4730 of 2026 before the jurisdictional Sessions Court, which was rejected on 09.06.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that, there is an inordinate delay of two weeks in submitting the FIR. - 4 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 The present FIR has been registered as a counter to criminal case registered against the first informant and another in Crime No.85 of 2026 by the very same police station. Accordingly, he prays to allow the petition. 5. Per contra learned HCGP and learned counsel for respondent no.2 who has filed his objections submit that, victims in the present case have suffered injuries as a result of assault made by the accused persons. Investigation of the case is under progress. Considering the nature of allegation, custodial interrogation becomes necessary. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place at about 04.30 p.m. on 18.04.2026, FIR was registered in Crime No.85 of 2026 by Viveknagar Police Station, Bengaluru City for offences punishable under Sections 352, 74, 75, 79 read with Section 3(5) of BNS, 2023 against the first informant in the present case and another, based on the first information received from Smt. M Revathi, daughter of accused no.2 in the - 5 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 present case. In respect of the very same incident, the present FIR in Crime No.94 of 2026 is registered after a delay of 2 weeks from the date of alleged incident. 7. Accused no.1 in Crime No.85 of 2026 and his wife are the alleged victims in the present case. Wound certificate of the alleged victims which is made available to this Court by learned HCGP would go to show that, they had suffered only simple injuries in the incident in question and they were treated as outpatients in the hospital. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, petitioners' prayer for grant of anticipatory bail needs to be answered affirmatively. 9. 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.94 of 2026 registered by - 6 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 Viveknagar Police Station, Bengaluru City for offences punishable under Sections 109(1), 115(2), 74, 76, 126(2), 352 R/w Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. - 7 - HC-KAR CNR: KAHC010408082026 NC: 2026:KHC:40151 CRL.P No. 8662 of 2026 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 64