- 1 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10083 OF 2026 BETWEEN: 1. DAYANANDA S.V S/O LATE VENKATAPPA AGED ABOUT 47 YEARS. 2. SRI NISCHAL GOWDA S.D S/O DAYANANDA S V AGED ABOUT 18 YEARS. BOTH ARE RESIDING AT NO.167/2 AIRPORT ROAD BHANDARI CAMP, SANTHEKADUR SHIVAMOGGA TALUK AND DISTRICT - 577 218. …PETITIONERS (BY SRI UTSAV GOWDA P.S, ADV.) AND: 1. THE STATE OF KARNATAKA BY TUNGANAGARA POLICE STATION SHIVAMOGGA, REP BY SPP HIGH COURT COMPLEX AMBEDKAR VEEDHI BENGALURU - 560 001. 2. GAGAN S/O MANJUNATHA AGED ABOUT 21 YEARS VADDINAKOPPA VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA KARNATAKA - 577 203. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI SANDESH T.B, ADV., FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS DIRECTING THE INVESTIGATING OFFICER IN CR.NO.401/2026 REGISTERED BY THE RESPONDENT IN TUNGA NAGAR P.S., SHIVAMOGGA DISTRICT, FOR THE OFFENCES P/U/S 352,115(2),118(1),109,190 OF BNS, 2023, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC-3 COURT, SHIVAMOGGA DISTRICT, SHIVAMOGGA AND TO RELEASE THE PETITIONERS FORTH WITH IN THE EVENT OF THEIR ARREST IN THE ABOVE CRIME. 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 & 3 in Crime No.401 of 2026 registered by Tunga Nagar Police Station, Shivamogga District for offences punishable under Sections 352, 115(2), 118(1), 109 & 190 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. Learned counsel for the petitioners submits that petition as against accused no.1 / petitioner no.1 may be dismissed as not pressed. The said submission is placed on - 3 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 record. Criminal petition is dismissed as not pressed as against petitioner no.1 / accused no.1. 4. FIR in Crime No.401 of 2026 was registered by Tunga Nagar Police Station, Shivamogga District for the aforesaid offences against Dayanand and others, based on the first information dated 14.06.2026 received from injured victim, Gagan. Apprehending arrest in the case, accused nos.1 and 3 had filed Crl.Misc.No.607 of 2026 which was rejected on 30.06.2026. Therefore, they are before this Court. 5. Perusal of the material on record would go to show that, prior to the alleged date of incident that had taken place on 13.06.2026, there was quarrel between the first informant and the accused persons in the present case. It is in this background, on 13.06.2026 when the first informant was riding his motorbike, at about 06.30 p.m. accused no.1 and his sons who came in a Swift Car allegedly dashed their vehicle against the motorbike of the first informant and thereafter, assaulted him causing injuries. - 4 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 6. Material made available to this Court would go to show that, accused no.1, who is the father of accused nos.2 and 3 is a person with criminal antecedents. He had instigated accused nos.2 and 3 to assault the first informant. Accused no.3 is a person who is said to have assaulted the injured victim with a iron rod. The injured victim is said to have suffered only simple injury as a result of the said assault. Accused no.3 has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. Accused no.1 is a person with multiple criminal cases registered against him and on the alleged date of incident he had taken his son along with him and assaulted the first informant. Under the circumstances, the prayer made by accused no.1 for grant of anticipatory bail is required to be rejected while the prayer made by accused no.3 is answered affirmatively. Accordingly, the following:- ORDER (i) The Criminal Petition is partly allowed. - 5 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 (ii) Petition is dismissed as not pressed insofar as it relates to petitioner no.1 / accused no.1. Petition is allowed insofar as it relates to petitioner no.2 / accused no.3. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner no.2 / accused no.3 in the event of her arrest in Crime No.401 of 2026 registered by Tunga Nagar Police Station, Shivamogga District for offences punishable under Sections 352, 115(2), 118(1), 109 & 190 of BNS, 2023, subject to the following conditions: 1. The petitioner no.2 / accused no.3 shall appear before the Investigating Officer in the present case within a period of fifteen days from 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.3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR CNR: KAHC010466492026 NC: 2026:KHC:47800 CRL.P No. 10083 of 2026 3. The petitioner no.2 / accused no.3 shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner no.2 / accused no.3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 47