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2026 DAILYLAW 34246 (KAR)

SRI DORAI v. STATE OF KARNATAKA

CRL.P/10459/2026 · 2026-08-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010483062026 NC: 2026:KHC:44587 CRL.P No. 10459 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. 10459 OF 2026 BETWEEN: SRI DORAI ALIAS DORAI RAJAN N S/O NEPOLIAN AGED ABOUT 39 YEARS RESIDING AT NO.79 W BLOCK CHAMPION REEF, KGF - 563 117. …PETITIONER (BY SRI PRASHANTH P.N, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY STATE SPP HIGH COURT OF KARNATKA BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS CRL.P AND DIRECT THE RESPONDENT JURISDICTIONAL POLICE, OORGAUM POLICE STATION TO ENLARGE THE PETITIONER/ ACCUSED NO.4 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.48/2025, SUBSEQUENTLY NUMBERED AS SC.NO.05/2026 PENDING ON THE FILE OF THE HONBLE I ADDL. CIVIL JUDGE AND JMFC AT KGF, LATER A SPLIT UP CHARGE SHEET WAS FILED IN CC.NO.6421/2025, REGISTERED FOR THE OFFENCES P/US/ 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2) R/W 190 OF BNS 2023 AND SEC. 113 AND 114 OF KARNATAKA POLICE ACT, 1963. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483062026 NC: 2026:KHC:44587 CRL.P No. 10459 of 2026 ORAL ORDER 1. Accused No.4 in Crime No.48/2025 registered by Oorgaum Police Station, K. G. F., for the offences punishable under Sections 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2) and 190 of BNS, 2023 and Sections 113 and 114 of the Karnataka Police Act, 1963, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.48/2025 was registered by Oorgaum Police Station, K. G. F., for the aforesaid offences against one Abhishek and others based on the first information dated 08.08.2025 received from Ramesh Eerappa Jambagi, Police Constable attached to Oorgaum Police Station. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.916/2025 before the jurisdictional Sessions Court, which was rejected on 15.11.2025. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010483062026 NC: 2026:KHC:44587 CRL.P No. 10459 of 2026 4. A reading of the first information would go to show that first informant, who is a police constable had gone near the house of accused No.1 to arrest him, since he had returned to the village in violation of the externment order that was passed against him. It is alleged that accused persons named in the FIR had therefore, abused and assaulted the first informant and another police constable, who was along with him. Undisputedly, CW1 and CW2 have suffered only simple injuries in the incident in question. Accused No.1, who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.522/2026 disposed off on 09.06.2026. Accused Nos.2, 3 and 6 have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.12702/2025 on 03.11.2025. Petitioner has no other criminal antecedents and no specific overt acts are alleged against him. Under the circumstances, 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 petitioner in the event of his arrest in Crime No.48/2025 registered by Oorgaum Police Station, K. G. F., for the offences - 4 - HC-KAR CNR: KAHC010483062026 NC: 2026:KHC:44587 CRL.P No. 10459 of 2026 punishable under Sections 189(2), 132, 352, 351(2), 351(3), 109, 121(1), 121(2) and 190 of BNS, 2023 and Sections 113 and 114 of the Karnataka Police Act, 1963, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum 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 witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 1 Sl No.: 69