- 1 - HC-KAR CNR: KAHC010501222026 NC: 2026:KHC:45489 CRL.P No. 11017 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11017 OF 2026 BETWEEN: 1. S KENDAGANNAPPA @ KENDAGANNASWAMY S/O SHIVANNA, AGED ABOUT 49 YEARS 2. PRABHUSWAMY S/O SHIVANNA, AGED ABOUT 50 YEARS 3. HARISHA S/O SANNASWAMAPPA, AGED ABOUT 37 YEARS 4. GIRISHA S/O SANNASWAMAPPA, AGED ABOUT 34 YEARS ALL ARE R/AT BOODANURU VILLAGE, H.D.KOTE TALUK-571114 MYSURU DISTRICT …PETITIONERS (BY SRI. NAGARAJA S., ADVOCATE) AND: STATE BY H.D. KOTE POLICE STATION Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010501222026 NC: 2026:KHC:45489 CRL.P No. 11017 of 2026 POLICE STATION, MYSURU DISTRICT, MYSURU-571114 R/BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.144/2026 REGISTERED BY THE RESPONDENT IN H.D.KOTE P.S., FOR THE OFFENCES P/U/S 189(2),352,118(1),109(1),351(3) R/W 190 OF BNS, PENDING BEFORE THE HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC, AT H.D.KOTE, MYSURU. 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 4 in Crime No.144/2026 registered by H.D.Kote Police Station, Mysore District, for offences punishable under Sections 189(2), 352, 118(1), 109(1), 351(3) read with 190 of BNS, 2023 are before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010501222026 NC: 2026:KHC:45489 CRL.P No. 11017 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.144/2026 was registered by H.D.Kote Police Station, Mysore District, for the aforesaid offences against the petitioners herein and another based on the first information dated 12.06.2026 received from Basappa, who is one of the injured victims in the present case. Apprehending arrest, the petitioners had filed Crl.Misc.No.970/2026, which was rejected by the jurisdictional Sessions court on 08.07.2026. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that the family of the accused persons and the family of the first informant are residing in adjacent houses. It appears that son of the first informant is constructing a house and in this regard, there is a dispute between the two families. It is under these circumstances the parties had fought against each other on 12.06.2026 at about 7.20 p.m. Allegation of assaulting the alleged victims in the present case with weapons is found against accused Nos.1 and 2 in the FIR. The learned HCGP has brought to the notice of this Court that some of the injured victims have suffered grievous injuries as a result of assault - 4 - HC-KAR CNR: KAHC010501222026 NC: 2026:KHC:45489 CRL.P No. 11017 of 2026 made by accused Nos.1 and 2 with weapons. Allegation as against accused Nos.3 to 5 is common. Accused No.5 has been granted bail by this Court in Criminal Petition No.10433/2026 vide order dated 17.08.2026. Under the circumstances, I am of the opinion that prayer made by accused No.1 and 2 in this petition is liable to be dismissed while the prayer made by accused Nos.3 and 4 is required to be answered affirmatively. Accordingly, the following: ORDER The petition is partly allowed. The petition as against accused Nos.1 and 2 is dismissed and the petition as against accused Nos.3 and 4 is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release petitioner Nos.3 and 4 in the event of their arrest in Crime No.144/2026 registered by H.D.Kote Police Station, Mysore District, for offences punishable under Sections 189(2), 352, 118(1), 109(1), 351(3) read with 190 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date - 5 - HC-KAR CNR: KAHC010501222026 NC: 2026:KHC:45489 CRL.P No. 11017 of 2026 of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. The Petitioners shall regularly appear before the Trial/Sessions Court without fail unless exempted by the Trial/Sessions Court for valid reasons. 3. The Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 86