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2026 DAILYLAW 35736 (KAR)

KARTHIK M v. STATE OF KARNATAKA

CRL.P/9838/2026 · 2026-08-06

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010459372026 NC: 2026:KHC:41694 CRL.P No. 9838 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9838 OF 2026 BETWEEN: 1. KARTHIK M S/O MANI M AGED ABOUT 34 YEARS RESIDING AT EJIPURA VIVEKANAGARA BENGALURU CITY KARNATAKA. 2. HARINI @ HARISH (TRANSGENDER) D/O MANI M AGED ABOUT 32 YEARS RESIDING AT NO.26, 3RD CROSS ANJANEYA TEMPLE STREET SONNENAHALLI, BANGALORE SOUTH BENGALURU - 560 047. 3. JOHN FRANKY (FRANKLIN) (TRANSGENDER) D/O SOLOMAN AGED ABOUT 32 YEARS RESIDING AT NO.58 RUDRAPPA GARDEN AUSTIN TOWN BANGALORE SOUTH BENGALURU - 560 047. 4. SANTHOSH P S/O PARASHU RAM AGED ABOUT 34 YEARS RESIDING AT NO.363/1 4TH SQUARE, AUSTIN TOWN BANGALORE - 560 047. 5. VIGNESH K (JESSY) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010459372026 NC: 2026:KHC:41694 CRL.P No. 9838 of 2026 S/O KUPPASWAMY AGED ABOUT 26 YEARS RESIDING AT #39, 1ST CROSS OPP. VINAYAKA THEATRE AANANADAPURAM MYSORE ROAD BANGALORE NORTH BENGALURU - 560 002. …PETITIONERS (BY SRI ANAND GANGENURA, ADV.) AND: STATE OF KARNATAKA BY VIVEKNAGAR POLICE STATION CUBBAN PARK SUB-DIVISION BENGALURU CITY - 560 047 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 01.07.2026 PASSED BY THE HONBLE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN CRL. MISC.NO.4804/2026. 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.1 to 5 in Crime No.102/2026 registered by Viveknagar Police Station, Bengaluru, for the offences punishable under Sections 109(1), 85, 352, 351(2), 189(4), 191(3), 190, 324(4) and 3(5) of BNS, 2023, are before this - 3 - HC-KAR CNR: KAHC010459372026 NC: 2026:KHC:41694 CRL.P No. 9838 of 2026 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.102/2026 was registered by Viveknagar Police Station, Bengaluru, for the aforesaid offences against petitioners herein based on the first information dated 07.05.2026 received from Febita, wife of petitioner No.1 herein. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.4804/2026 before the jurisdictional Court of Sessions Judge, which was rejected on 01.07.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that a false case has been registered against the petitioners by the wife of petitioner No.1, in the background of the matrimonial dispute between them. The medical records of the victims are all concocted documents. He submits that petitioners are ready and willing to cooperate with the police for the purpose of investigation. - 4 - HC-KAR CNR: KAHC010459372026 NC: 2026:KHC:41694 CRL.P No. 9838 of 2026 5. Per contra, learned HCGP, who has opposed the petition submits that victims, who are ladies have suffered injuries in the incident in question. Accused Nos.1, 3 to 5, who are transgenders had entered the house of the victims in the midnight and have assaulted them. He, accordingly, prays to dismiss the petition. 6. Petitioner No.1 is the husband of the first informant in the present case. It appears that there is a matrimonial dispute between the couple. Petitioner No.2, who is a transgender, is the sibling of petitioner No.1. Petitioner Nos.3 to 5 are friends of petitioner No.2. On the alleged date of incident, accused Nos.1 to 5 had gone near the house of the first informant, in which she was staying with her mother and sister. Petitioner Nos.2 to 5, who had entered into the house of the first informant at the instance of petitioner No.1, after abusing the victims in the present case using filthy language, had assaulted them with iron rods causing blood oozing injuries. Wound certificate of the victims is made available to this Court by learned HCGP and the documents produced by the learned HCGP would go to show that on receipt of requisition by the - 5 - HC-KAR CNR: KAHC010459372026 NC: 2026:KHC:41694 CRL.P No. 9838 of 2026 Investigation Officer, the Hospital authorities had issued the Wound Certificate of the victims. Under the circumstances, though the injuries suffered by the victims are simple injuries, considering the fact that accused persons had entered the house of the victim ladies in the midnight and thereafter, assaulted them with weapons, I am of the opinion their prayer for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 66