- 1 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8719 OF 2026 BETWEEN: SRI. KUMAR S/O NITHYANANDA, AGED 28 YEARS, R/AT NO. 133, NEAR SHANIMAHATHMA TEMPLE, DEVARABISANAHALLI, BELLANDUR, BANGALORE SOUTH, BANGALORE - 560 103. …PETITIONER (BY SRI. VIJAY KUMAR A, ADVOCATE) AND: STATE OF KARNATAKA BY MARATHAHALLI PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B.R.AMBEKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ASPP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.169/2026 DTED 10.04.2026 REGISTERED BY RESPONDENT/MARATHAHALLI POLICE STATION AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCES P/U/S 115(2), 119(1), 351 AND 352 OF THE BNS 2023 PENDING ON THE FILE OF THE 29TH ADDL.CMM MAYO HALL UNIT BENGALURU. 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 in Crime No.169/2026 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Section 115(2), 119(1), 351 and 352 of BNS, 2023, 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.169/2026 was registered by Marathahalli Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, based on - 3 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 the first information dated 10.04.2026 received from the Telekson son of Kularam. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.25394/2026, which was dismissed by the jurisdictional Sessions Court on 11.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that except the offence punishable under Section 119(1) of BNS 2023, the other offences are bailable in nature. Allegations found in the first information do not attract the offence punishable under Section 119(1) of BNS, 2023. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition, submits that petitioner is a person with criminal antecedents and therefore, his prayer for anticipatory bail needs to be rejected. 6. In the first information dated 10.04.2026 submitted by the alleged victim in the present case, it is stated that the first informant is working in a company - 4 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 known as Bajaram company as a housekeeper. On 09.04.2026 at about 07.00 p.m., when the first informant and his friend Meerin Pegu were near their room, the petitioner was found urinating near their room and the same was opposed by the first informant. The petitioner therefore, abused the first informant and his friend and assaulted them with his hands. At that time, the mobile phone of the first informant fell down and the same was taken by the petitioner after criminally intimidating the first informant and his friend. There is no allegation in the first information that the petitioner wanted to extort money either from the first informant or from his friend. Therefore, as rightly contended by the learned counsel for the petitioner, the averments found in the first information are not sufficient to invoke the offence punishable under Section 119(1) of BNS, 2023. All the other offences alleged are bailable in nature. - 5 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 7. It is not in dispute that in the earlier criminal cases registered against the petitioner herein, he has been granted bail. 8. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following : O R D E R The criminal 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.169/2026 registered by Marathahalli Police Station, Bengaluru City for the offences punishable under Section 115(2), 119(1), 351 and 352 of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010411872026 NC: 2026:KHC:39814 CRL.P No. 8719 of 2026 a) 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. 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 witness and he shall co-operate with the police for investigation and appear before them whenever called upon. d) Petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 48