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2026 DAILYLAW 36780 (KAR)

MR. ABDUL RAHIMAN (AS PER AADHAR CARD) v. THE STATE OF KARNATAKA

CRL.P/11735/2026 · 2026-08-28

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010532922026 NC: 2026:KHC:46711 CRL.P No. 11735 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11735 OF 2026 BETWEEN: MR. ABDUL RAHIMAN (AS PER AADHAR CARD) MR. ABDUL RAHIMAN @ MUNNA (AS PER FIR) S/O MOHAMMED AGED ABOUT 27 YEARS R/AT 5-146, AMEMAR HOSUE PUDU VILLAGE, BANTWAL TALUK DAKSHINA KANNADA DISTRICT - 574 143. …PETITIONER (BY SRI ARUNA BANGERA, ADV.) AND: THE STATE OF KARNATAKA BY BANTWAL RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI R. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL DIRECTING THE RESPONDENT-BANTWAL RURAL POLICE TO RELEASE THE PETITIONER/ACCUSED FORTH WITH ON BAIL IN THE EVENT OF HIS ARREST ARISING OUT OF CR.NO.70/2026 DTD 06.05.2026 REGISTERED BY BANTWAL RURAL P.S., D.K. DISTRICT, FOR THE OFFENCES P/U/S 109,118(1),352,351(3),324(3),329(3) OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT, BANTWAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010532922026 NC: 2026:KHC:46711 CRL.P No. 11735 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.70/2026 registered by Bantwala Rural Police Station, Dakshina Kannada, for the offences punishable under Sections 109, 118(1), 352, 351(3), 324(3) and 329(3) 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.70/2026 was registered Bantwala Rural Police Station, Dakshina Kannada, against the petitioner herein based on the first information dated 06.05.2026 received from Guruprasad M R, who is the alleged victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.440/2026, which was dismissed on 03.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that on the alleged date of incident, petitioner had gone to Madhya Pradesh Bar and Restaurant (Hi-spirit) at Parangipete, in which - 3 - HC-KAR CNR: KAHC010532922026 NC: 2026:KHC:46711 CRL.P No. 11735 of 2026 victim was working as a Manager. It appears that after the supplier working in the said bar and restaurant had raised a bill for a sum of Rs.1,560/-, petitioner allegedly had refused to pay the same and went away from the bar and restaurant. Subsequently, he returned to the bar and restaurant with iron rod and abused the first informant and tried to assault him on his head. Since the first informant evaded the said blow, he suffered injuries on his hand. Petitioner allegedly thereafter damaged the property of the bar and restaurant and went away from the spot. The wound certificate of the first informant would go to show that he has suffered only simple injuries in the incident in question, which had taken place after the petitioner had consumed alcohol in the bar and restaurant. It is brought to the notice of this Court that petitioner is a person with criminal antecedents. Considering the nature of allegations found against the petitioner and his background, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- - 4 - HC-KAR CNR: KAHC010532922026 NC: 2026:KHC:46711 CRL.P No. 11735 of 2026 5. The 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.70/2026 registered by Bantwala Rural Police Station, Dakshina Kannada, for the offences punishable under Sections 109, 118(1), 352, 351(3), 324(3) and 329(3) of BNS, 2023, subject to the following conditions: 1. The 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. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. - 5 - HC-KAR CNR: KAHC010532922026 NC: 2026:KHC:46711 CRL.P No. 11735 of 2026 5. The petitioner shall appear before the Station House Officer, Bantwala Rural Police Station, Dakshina Kannada, on the first and third Sunday of every month between 10.00 a.m. and 01.00 p.m. and mark his attendance, for a period of one year. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 79