- 1 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CRIMINAL PETITION NO.15773 OF 2025 BETWEEN: 1. N ANAND S/O NARAYANAPPA AGED ABOUT 37 YEARS 2. MURALI MOHAN N S/O NARAYANAPPA AGED ABOUT 23 YEARS BOTH ARE R/AT DODDADENAHALLI VILLAGE JADIGENAHALI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT …PETITIONERS (BY SRI MARUTHI G, ADVOCATE FOR SMT. VEENAKUMARI M, ADVOCATE) AND: STATE OF KARNATAKA REP. BY PSI HOSKOTE POLICE STATION BANGALORE RURAL DISTRICT THROUGH STATE PUBLIC PROSECUTOR …RESPONDENT (BY SMT. SOWMYA R, HCGP) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS, IN THE EVENT OF THEIR ARREST IN CRIME NO.287/2025, FOR THE OFFENCE UNDER SECTION SECTIONS 115(2), 118(1), 191 (2), 189(2), 352, 190, 76 WHICH IS REGISTERED BY THE HOSKOTE POLICE STATION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present Criminal Petition is filed by accused Nos.2 and 8 under Section 482 of the BNSS seeking anticipatory bail in Crime No.287/2025 registered by the Hosakote Police Station, Bengaluru Rural District. 2. The case of the prosecution as borne out from the complaint lodged by one Shilpa, is that, due to the prior dispute relating to fetching water, on 21.10.2025, the accused persons assembled in front of the complainant's house and burst crackers. It is alleged that the sparks entered the house of the complainant and upon objection, the accused persons in furtherance of their - 3 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 intention assaulted the complainant and her family members. It is further alleged that accused No.1 attempted to outrage the modesty and caused threat while others are stated to have assaulted the inmates with a club. 3. The learned counsel for the petitioners contends that, (i) the petitioners are innocent and falsely implicated; (ii) the offences alleged against them are not punishable with death or imprisonment for life; (iii) accused No.1 has already been granted bail and therefore, on the ground of parity, the petitioners are also entitled to similar relief; and (iv) they undertake to co-operate with the investigation and abide by any condition imposed by this Court. - 4 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 4. The learned High Court Government Pleader for the State submits that the allegations are serious in nature, involve assault and threat to outrage the modesty and there are specific allegation of participation and possibility of tampering the witnesses, if bail is granted. 5. The FIR is registered for the offences punishable under Sections 115(2), 118(1), 191(2), 189(2), 352, 190, 76 of the BNSS in Crime No.287/2025. On perusal of the complaint, prima facie indicates that allegations are general and collective in nature and that all the accused acted in furtherance of a common intention and participated in the assault. Specific serious allegation (pulling clothes and threatening rape) is attributed to accused No.1 and not specifically to accused Nos.2 and 8 and as regards the assault with the club, again the complaint prima facie refers to “the accused persons collectively” without pinpointing the role to accused Nos.2 and 8. The allegations against them are omnibus in nature. Accused No.1 who came to be arrested has been - 5 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 released on bail by this Court in Crl.P.No.15526/2025. The petitioners/accused Nos.2 and 8 are similarly placed with lesser specific overt act. Once accused No.1 was granted bail under Section 439 of Cr.P.C, the co-accused could not be denied bail merely because he is applying under Section 482 of BNSS and this view is fortified by the decision of the Madhya Pradesh in Kailash vs State of M.P.1 (Kailash) and Co-Ordinate Bench of this Court in Isral Bhovi vs The State of Karnataka2 (Isral Bhovi) It is also not in dispute that the charge sheet has already been filed and therefore, the presence of the accused for the purpose of custodial interrogation does not arise. Further, the offences alleged are not punishable with death or imprisonment for life and having regard to the nature of punishment prescribed, the continued apprehension of arrest is not warranted. 1 2012 (3) Crimes 453 (MP) 2 Crl.P.101103/2021 and connected petitions, DD 07.07.2021. - 6 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 6. The main contention of HCGP is that if the petitioners are granted anticipatory bail, they are likely to threaten the complainant and other prosecution witnesses. The apprehension of the State can be set right by imposing strict and stringent conditions. 7. Thus, this Court is of the considered view that the petitioners have made out a valid ground for grant of anticipatory bail subject to the following conditions and, this Court pass the following: ORDER (i) The Criminal Petition is allowed. (ii) In the event, petitioners/accused Nos.2 and 8 are arrested in Crime No.287/2025 for the offences punishable under Sections 115(2), 118(1), 191(2), 189(2), 352, 190, 76 of the BNSS registered at the Hoskote Police Station, are ordered to be released on bail with the following conditions: - 7 - HC-KAR NC: 2026:KHC:20749 CRL.P No. 15773 of 2025 (a) The petitioners/accused Nos.2 and 8 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety or to the likesum to the satisfaction of the I.O/jurisdictional Court. (b) The petitioners shall voluntarily appear before the I.O/jurisdictional Court within 10 days from today and execute a personal bond. (c) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witnesses. (d) The petitioners shall appear before the jurisdictional Court on every date of hearing. (e) The petitioners shall not leave the jurisdiction of the Court without prior permission. Violation of any of the conditions shall entail cancellation of bail. Sd/- __________________________ JUSTICE K.S. HEMALEKHA SN