- 1 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1990 OF 2026 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 2276 OF 2026 IN CRL.P No. 1990/2026 BETWEEN: 1. SRI. MAHADEVA D, SON OF LATE DEVAPPA, AGED ABOUT 56 YEARS, RESIDING AT ILLAPURA VILLAGE, NANDHINATHAPURA POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT, PINCODE 3 571 107 2. SMT. LEELA, WIFE OF MAHADEVA.D, AGED ABOUT 47 YEARS, RESIDING AT ILLAPURA VILLAGE, NANDHINATHAPURA POST, KASABA HOBLI, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 PERIYAPATNA TALUK, MYSURU DISTRICT, PINCODE 3 571 107 &PETITIONERS (BY SRI. PUNITH C., ADVOCATE) AND: STATE OF KARNATAKA PERIYAPATNA POLICE STATION MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 &RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS FOR THE OFFENCES P/U/S 109, 352, 351(2), R/W SECTION.190 OF BNS,2023. REGISTERED AS CRIME NO.373/2025 BEFORE THE PERIYAPATNA POLICE STATION, ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, JUNIOR DIVISION PERIYAPATNA, MYSURU DISTRICT BY ALLOWING THIS PETITION. - 3 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 IN CRL.P NO. 2276/2026 BETWEEN: SRI NIKHIL @ SHASHANK, SON OF MAHADEVA, AGED ABOUT 18 YEARS RESIDING AT ILLAPURA VILLAE, NANDHINATHAPURA POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571 107 ...PETITIONER (BY SRI. PUNITH C.,ADVOCATE) AND: STATE OF KARNATAKA BY PERIYAPATNA POLICE STATION, MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU 3 560 001 ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER FOR THE OFFENCE P/U/S 109, 352, 351(2) R/W SEC.190 OF BNS, 2023 REGISTERED AS CRIME NO.373/2025 BEFORE - 4 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 THE PERIYAPATNA POLICE STATION, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC JUNIOR DIVISION, PERIYAPATNA, MYSURU DISTRICT BY ALLOWING THIS PETITION. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This Criminal Petition is filed by the petitioners herein who are arrayed as accused Nos. 1, 2 and 3 respectively in Crime No.373/2025 filed by the respondent 3 Police for the offences punishable under Section 109, 352, 351(2), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking anticipatory bail. Factual matrix of the case: 2 The case of the prosecution is that on 17.12.2025 at about 11.30 a.m., when the complainant had parked his vehicle in front of his house, the accused No.1, came in the said road in his tractor and stopped his - 5 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 tractor and asked the complainant to take off the scooter. At that time, the wife of the complainant asked him to wait to take the vehicle from the road, and she went inside the house to bring the key. Then, accused No.1 got down from the tractor and kicked the scooter. As a result, the scooter fell on the road. The wife of the complainant asked the accused No.1 as to why he had kicked his scooter. Then, accused No. 1 gave an evasive answer and threatened her with dire consequences. Immediately, the complainant came and asked his wife what was going on and why he was behaving in such a manner. At that time, accused No.1 immediately took a machete, which was kept in the tractor and assaulted the complainant and caused injuries to the left shoulder. It is alleged that the petitioners have assaulted the complainant and his wife and also scolded them by using filthy language. Hence, the complaint. Based on the said complaint, the respondent - Police registered a case. The investigation is under progress. - 6 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 3. Heard Sri. Punith C., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent. 4. The submission of the learned counsel for the petitioners is that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case on account of the rivalry that existed between the two families. The allegations are baseless and bald; the overt act of the petitioner and his wife has not been forthcoming in the complaint. The alleged injuries are simple in nature. The petitioner may be enlarged on bail by imposing suitable conditions. They will abide by the conditions imposed by the Court in the event of their release on bail. Making such a submission learned counsel for the petitioners prays to allow the petition. 5. Per Contra, learned High Court Government Pleader for respondent 3 State of Karnataka vehemently submitted that the overt acts of the petitioners have been - 7 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 stated in the complaint properly. The petitioners have assaulted the complainant and his family members; therefore, it is not appropriate to grant the relief as prayed for in the petition. Making such a submission, the Learned High Court Government Pleader prays to reject the petition. 6. Heard the learned counsel for the respective parties and perused the averments in the complaint. It appears that the incident occurred in front of the house of the complainant, and it is alleged that the accused No.1 had assaulted the complainant with a deadly weapon and caused injuries. However, the overt acts of the petitioners can be considered as of a lesser degree than those of the accused No.1. Moreover, section 109 of BNS 2023 does not apply to these petitioners. Hence, it is appropriate to grant the relief as prayed for, 7. Therefore, I proceed to pass the following: - 8 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 ORDER i. This Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail in the event of his arrest in Crime No.373/2025 filed by the respondent 3 Police for the offences punishable under Section 109, 352, 351(2), 190 of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with one surety each to the like sum of the satisfaction of the Trial Court. iii. The petitioners shall appear before the jurisdictional 3 Police within a period of one month from today to execute their personal bond and also to furnish surety. iv. The petitioners shall co-operate with the investigation till filing of the final report. - 9 - HC-KAR NC: 2026:KHC:15972 CRL.P No. 1990 of 2026 C/W CRL.P No. 2276 of 2026 v. The petitioners shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. vi. The petitioners shall appear before the Trial Court on all hearing dates, without fail. vii. The petitioners shall not commit any criminal cases till disposal of the case. In case the petitioners violate any of the bail conditions mentioned above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM