Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9291 OF 2026 BETWEEN:
1.
PADEYAPPA @ VELU S/O SRI. STANALEY, AGED ABOUT 23 YEARS, (HIS REAL NAME IS STEPHEN @ VELU)
2.
SANJAY @ RAJENDRAN, S/O STANLEY, AGED ABOUT 26 YEARS,
3.
AROGYADASS @ BABA, S/O STANALEY AGED ABOUT 26 YEARS, (HIS REAL NAME IS KARTHICK S)
ALL ARE R/AT: LOURDU NAGARA, ANDERSONPET POST, KOLAR GOLD FIELDS – 563 113 …PETITIONERS (BY SRI. PATTABI RAMAN .C., ADVOCATE)
AND:
STATE OF KARNATAKA BY ANDERSONPET POLICE STATION KOLAR GOLD FIELDS – 563 113 REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 01. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
CRIME NO.53/2026 PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE & JMFC COURT AT KGF, KOLAR DISTRICT FOR OFFENCE PUNISHABLE UNDER SECTIONS 132, 352 R/W SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023, BY ALLOWING THIS PETITION FILED BY THE PETITIONERS UNDER SECTION 482 OF BNSS-2023 AS PRAYED FOR AND PASS SUCH OTHER ORDERS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2, 4 and 5 in Crime No.53/2026 registered by the Andersonpet Police Station, KGF, for offences punishable under Sections 132, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), are before this Court in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking anticipatory bail. 2. Heard learned counsel appearing for the petitioners and learned HCGP appearing for the respondent-State. - 3 -
HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
3. FIR in Crime No.53/2026 was registered by Andersonpet Police Station, KGF, for the aforesaid offences against Stanley alias Standley and others based on the first information dated 17.05.2026 received from Manjunatha.B, Police Officer of Andersonpet Police Station. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.467/2026 before the jurisdictional Sessions Court, which was rejected on 17.06.2026. Therefore, the petitioners are before this Court. 4. The learned counsel for the petitioners submits that the Externment Order passed against accused No.1 has been stayed. The first informant, who came to the marriage hall, where the marriage of the daughter of accused No.1 was being performed, tried to arrest accused No.1 and therefore, the other accused persons, who are his relatives opposed the same. It is under these circumstances, FIR has been registered in the present case. Accordingly, he prays to allow the petition. - 4 -
HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
5. Per contra, learned HCGP appearing for the respondent opposed the petition and submits that the petitioners are persons with criminal antecedents and accused No.4 is a rowdy sheeter. Accordingly, he prays to dismiss the petition. 6. In the first information, it is stated that on 17.05.2026 at about 11.40 a.m., first informant and other Police had tried to arrest accused No.1, Stanley, in Crime No.51/2026 registered by the very same Police Station, when he was inside the premises of St.Joseph Church. It is alleged that accused No.2, who is the son of accused No.1 and the other accused persons, who are his relatives and friends, allegedly abused the first informant, who tried to arrest accused No.1, and they had interfered and obstructed him in performing his duty. It is under these circumstances, FIR has been registered against the petitioners for the aforesaid offence.
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HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
7. Perusal of material on record would go to show that the Externment order passed against accused No.1 was stayed by the Appellate Authority by order dated 16.05.2026, so as to enable him to attend his daughter's marriage that was scheduled to be held on 17.05.2026. It appears that the Police had gone to the marriage function and had tried to arrest accused No.1. The order of the Appellate authority, which has stayed the Externment
Order passed as against the accused No.1, would go to show that the very same Police Officer had stated that he has no objection to stay the Externment order, so as to enable accused No.1 to attend his daughter’s marriage. The incident in question has taken place when the Police Officer tried to arrest accused No.1, near the marriage hall.
8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for anticipatory bail
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HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
needs to be answered affirmatively subject to imposing appropriate conditions. Accordingly, the following order:
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.53/2026 registered by the Andersonpet Police Station, KGF, for offences punishable under Sections 132, 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
a) The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and each of the petitioners 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.
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HC-KAR
CNR: KAHC010435922026 NC: 2026:KHC:42185 CRL.P No. 9291 of 2026
b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
c) 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.
d) The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DM List No.: 1 Sl No.: 51