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2026 DAILYLAW 5010 (KAR)

SHIVAKUMAR S v. STATE OF KARNATAKA BY

CRL.P/4915/2026 · 2026-04-25

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23022 CRL.P No. 4915 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 4915 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SHIVAKUMAR S., S/O SUBRAMANI AGED ABOUT 19 YEARS R/AT NO.132, WARD NO.18 VISHWESHARAYYA BADAVANE ANEKAL BANGALORE DISTRICT - 562 106. …PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY ANEKAL POLICE BANGALORE DISTRICT - 562 106 (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN GRANTING HIS ARREST CRIME NO.34/2026 OF ANEKAL POLICE STATION, BENGALURU DISTRICT, FOR OFFENCE P/US/ 25(1A) OF ARMS ACT, 1959 WHICH IS PENDING ON THE FILE OF THE HONBLE II ADDL CIVIL JUDGE (Jr.Dn.) AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23022 CRL.P No. 4915 of 2026 WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition for anticipatory bail is filed by accused No.3 in Crime No.34/2026 registered by the Anekal Police Station, Bengaluru District for the alleged offences punishable under Section 25(1A) of Arms Act, 1959. 2. The complaint dated 31.01.2026 is filed by Police Head Constable No.263 of Anekal Police Station, alleging that while he was on his rounds at about 7.00 p.m., a person holding a dagger was running around threatening the general public in front of VSR bar near Kavala Hosahalli. When the complainant along with his other two police personnel attempted to apprehend the said person holding the dagger, the said person and the persons who were standing along with him including the petitioner herein ran away before they could apprehend - 3 - HC-KAR NC: 2026:KHC:23022 CRL.P No. 4915 of 2026 accused No.1. Accordingly the case was registered for the offences noted above. 3. Learned counsel for the petitioner submits that, accused No.1 has already been granted regular bail and accused No.2 has been granted anticipatory bail. That apart there is no allegation of any nature whatsoever against the accused No.3-petitioner herein except that he was allegedly standing at the place where the accused No.1 was running around with a dagger. Therefore he submits that no prima facie case made against the accused No.3-petitioner. 4. Learned HCGP opposes the petition and seeks for rejection. 5. Heard and perused the records. 6. The contents of the complaint indicate that the alleged dagger was held by accused No.1 and he was running around in the public brandishing the same. There is no allegation against the accused No.3 who is petitioner herein except alleging that he was standing by the side of accused No.1. - 4 - HC-KAR NC: 2026:KHC:23022 CRL.P No. 4915 of 2026 7. In the light of the allegations made in the complaint noted above and in the absence of any prima facie case made out against the accused No.3-petitioner attributing any act constituting an offence within the provisions of section charged, this Court deems it appropriate to grant bail as sought. Accordingly following: ORDER Petition is allowed. Petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.34/2026 registered by Anekal Police Station, Bengaluru District, for the offences punishable under Section 25(1A) of the Indian Arms Act, subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with one local surety for the likesum to the satisfaction of the trial Court. 2. Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co- operation in the investigation of the matter. - 5 - HC-KAR NC: 2026:KHC:23022 CRL.P No. 4915 of 2026 3. Petitioner shall appear before the trial Court and obtain regular bail within 15 days from the date of receipt of certified copy of this order. 4. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 5. Petitioner shall not tamper with the prosecution witness. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 3 Sl No.: 14