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2026 DAILYLAW 43373 (KAR)

YOGESH. K. M. v. STATE OF KARNATAKA

CRL.P/13753/2026 · 2026-09-29

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010613962026 NC: 2026:KHC:54164 CRL.P No. 13753 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13753 OF 2026 BETWEEN: 1. YOGESH K.M S/O MALLIKARJUNA AGED ABOUT 31 YEARS. 2. MADHU K.R S/O REVANNAGOWDA AGED ABOUT 38 YEARS. BOTH ARE RESIDING AT KARAGADA VILLAGE KASABA HOBLI, BELUR TALUK HASSAN DISTRICT - 573 115. …PETITIONERS (BY SRI M. SHASHIDHARA, ADV.) AND: STATE OF KARNATAKA BY BELUR P.S REPRESENTED, BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.225/2026 OF RESPONDENT BELUR POLICE WHICH IS REGISTERED FOR OFFENCE P/US/ 115(2),109 R/W SEC.3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT BELUR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010613962026 NC: 2026:KHC:54164 CRL.P No. 13753 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.225/2026 was registered by Belur Police Station, Hassan, for the offences punishable under Sections 115(2), 109 and 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.225/2026 was registered by Belur Police Station, Hassan, for the aforesaid offences against petitioners herein based on the first information dated 28.07.2026 received from Sunil, who is the son of injured victim Jayaswamy. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.840/2026, which was rejected by the jurisdictional Sessions Court on 20.08.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that there is a delay of - 3 - HC-KAR CNR: KAHC010613962026 NC: 2026:KHC:54164 CRL.P No. 13753 of 2026 more than one day in approaching the police. He submits that injured victim has been discharged from the Hospital on the very same day. His condition is said to be stable. Petitioners do not have any other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that accused persons have assaulted injured victim with deadly weapons and as a result, injured victim Jayaswamy has suffered grievous injuries and was admitted in the Hospital for 10 days. The weapon used to commit the offence is yet to be recovered. Accordingly, he prays to dismiss the petition. 6. It is the case of prosecution that on 27.07.2026 at about 11.30 a.m. when Jayaswamy was present near a petty shop, accused Nos.1 and 2, who had enmity with him, came there armed with weapons and after quarreling with him, assaulted him with iron rod and hammer, which they had brought with them. As a result, Jayaswamy, who was injured was immediately shifted to a Government Hospital at Belur. The medical records of injured victim Jayaswamy would go to show - 4 - HC-KAR CNR: KAHC010613962026 NC: 2026:KHC:54164 CRL.P No. 13753 of 2026 that Jayaswamy, who was discharged from Government Hospital, Belur, was subsequently, admitted to Hassan Institute of Medical Sciences, Teaching Hospital, Hassan, for a period of 10 days. Wound certificate of the injured victim would go to show that he had suffered grievous injures as a result of assault made by accused persons with deadly weapons. Jayaswamy had undergone operation for treating the injuries suffered by him on his stomach due to the assault made by accused persons with hammer and iron rod. Learned HCGP has brought to the notice of this Court that weapons used to commit the crime is yet to be recovered. Considering the aforesaid and also the nature of injuries suffered by the injured victim Jayaswamy, as a result of assault made by accused persons with deadly weapons, I am of the opinion that their prayer for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 68