- 1 - HC-KAR CNR: KAHC010524302026 NC: 2026:KHC:46029 CRL.P No. 11408 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11408 OF 2026 BETWEEN: 1. SRI MANJUNATHA K S/O NARASIMHAPPA AGED ABOUT 24 YEARS. 2. SRI NARASIMHAPPA S/O MADDAPPA AGED ABOUT 51 YEARS. BOTH ARE R/AT. ARUNDI VILLAGE AND POST, HONNALI TALUK DAVANAGERE, DISTRICT - 577 223 (PETITIONER ADDRESS MENTIONED AS PER ADHAR) …PETITIONERS (BY SRI SHIVANANDA REDDY R.V, ADV.) AND: STATE OF KARNATAKA BY NYAMATHI POLICE STATION DAVANAGERE - 577 223 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGED THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.145/2026 BY NYAMATHI POLICE STATION DAVANAGERE FOR THE OFFENCES P/U/S 115(2), 109, 126(2), 351(2), 352 R/W 3(5) OF BNSS PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC COURT, HONNALI. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010524302026 NC: 2026:KHC:46029 CRL.P No. 11408 of 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 and 2 in Crime No.145 of 2026 registered by Nyamathi Police Station, Davanagere District, for offences punishable under Sections 126(2), 352, 115(2), 109, 351(2) R/w Section 3(5) of BNS, 2023 are 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.145 of 2026 was registered by Nyamathi Police Station, Davanagere District for the aforesaid offences against the petitioners herein, based on the first information dated 22.06.2006 received from Smt. Chandramma, wife of injured victim Chikkappa. Apprehending arrest in the case, the petitioners had filed Crl.Misc.No.558 of 2026 before the jurisdictional Sessions Court which was rejected on 20.07.2026. Therefore, they are before this Court. - 3 - HC-KAR CNR: KAHC010524302026 NC: 2026:KHC:46029 CRL.P No. 11408 of 2026 4. Perusal of the material on record would go to show that, accused no.1 - Manjunath allegedly was found roaming with the elder daughter of the first informant, who is the wife of injured victim. On 20.06.2026 at about 7.30 to 08.00 p.m. injured victim Chikkappa had gone near the house of petitioners and had enquired with the wife of accused no.2 about the whereabouts of her son Manjunath. He allegedly had threatened that, in the event, accused no. 1 continues his relationship with his daughter, he would face dire consequences. Subsequently, accused nos.1 and 2, who followed the first informant allegedly abused and assaulted him. 5. Allegation against accused no.1 - Manjunath is that he ran towards victim and jumped on his chest and as a result, victim fell down and his head came into contact with concrete road. It is further alleged that, thereafter, accused nos.1 and 2 assaulted the victim with their hands and legs. Medical records of the victim would go to show that, he had suffered fracture of occipital bone along the midline reaching the foramen magnum. The said injury corresponds to the fall, as a result of the act - 4 - HC-KAR CNR: KAHC010524302026 NC: 2026:KHC:46029 CRL.P No. 11408 of 2026 committed by accused no.1. Under the circumstances, I am of the opinion that, the prayer made by accused no.1 for grant of anticipatory bail needs to be rejected and the prayer made by the accused no.2 is to be answered affirmatively. Accordingly the following:- ORDER (i) The Criminal Petition is partly allowed. Criminal petition is allowed insofar as it relates to petitioner no.2 / accused no.2. Criminal petition is rejected insofar as it relates to petitioner no.1 / accused no.1. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release petitioner no.2 / accused no.2 in the event of his arrest in Crime No.145 of 2026 registered by Nyamathi Police Station, Davanagere District, for offences punishable under Sections 126(2), 352, 115(2), 109, 351(2) R/w Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioner no.2 / accused no.2 shall appear before the Investigating Officer in the present case within a period of fifteen days from - 5 - HC-KAR CNR: KAHC010524302026 NC: 2026:KHC:46029 CRL.P No. 11408 of 2026 the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner no.2 / accused no.2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner no.2 / accused no.2 shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner no.2 / accused no.2 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 79