- 1 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14525 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. KIRAN ANDREW S/O MUNIKRISHNA, AGED ABOUT 32 YEARS, NMO. 43, PREM LEELA ENCLAVE, 4TH CROSS, HORAMAVU, BENGALURU CITY. 2. ANTONY PRAVEEN S/O JNANAPRAKASH, AGED ABOUT 32 YEARS, NO.645, MUDDANNA LAYOUT, HENNUR CROSS, KALYAN NAGAR POST, BENGALURU CITY. …PETITIONERS (BY SRI. M.K. NARASIMHACHAR, ADVOCATE) AND: THE STATE OF KARNATAKA HALASURU GATE POLICE STATION, BANGALORE, REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE ABOVE SAID PETITIONERS ON BAIL IN C.C.NO.19353/2025 ARISING OUT OF CRIME NO.95/2025 OF HALASUR GATE POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 126(2), 329(3), 351(2), 352 AND 61(2) READ WITH 3(5) OF BNS AND UNDER SECTIONS 3 AND 4 OF KARNATAKA PROHIBITION OF VIOLENCE AGAINST ADVOCATES ACT, 2023, PENDING ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 under Section 439 of Code of Criminal Procedure praying to grant bail in Crime No.95/2025 of Halasurgate Police Station registered for offences punishable under Sections 109, 126(2), 329(3), 351(2), 352 and 61(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Karnataka Prohibition of Violence against Advocates Act, 2023. - 3 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor who is assisted by the learned counsel for defacto complainant. 3. Learned counsel for petitioner would contend that, the MLC does not indicate any injury and the complainant/injured has not been admitted in the hospital. The offence under Section 109 of BNS is not attracted since there is no assault on the vital part of the injured. Now, the investigation is over and charge sheet has been filed. Therefore, the petitioners are not required for further custodial interrogation. The petitioners have been falsely implicated. The petitioners are the resident of Bengaluru having movable and immovable properties and they are bread earners of the family. Learned counsel for petitioner has filed a memo stating that, now the case has been committed to Sessions Court and pending in S.C.No.1367/2025. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 4. Per contra, learned Additional State Public Prosecutor for respondent who is assisted by learned counsel for defacto complainant would contend that, the incident has taken place on 16.04.2025 at 08.30 a.m. in the office of C.W.1/injured. Accused Nos.1 and 2 trespassed into the office of C.W.1 with fiber pipes. Accused No.1 assaulted the C.W.1 with the said fiber pipes and attempted to kill him. The incident has been witnessed by C.W.2 - Smt. Sunanda Serker who is the colleague of C.W.1. C.W.3 is the mother of accused No.1 and whose statement indicates that there is a grudge by petitioner No.1/accused No.1 against C.W.1 as he has not considered the representation of C.W.3 against late Sri. D. Nanjunda Reddy. He further submits that, there was no any professional misconduct under Section 35 of Advocates Act and therefore, C.W.1 has not considered the representation of the mother of petitioner No.1/accused No.1. The movement of the petitioners have been captured in CCTV and footage has been seized. Accused - 5 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 No.1 tried to assault on the head of C.W.1 and he put his right hand and sustained injury on the hand. When again accused No.1 tried to assault on the head of C.W.1 and he put his left hand and sustained injury on the left hand. Thereafter, when C.W.1 got up, accused No.1 assaulted on his legs. When C.W.2 came to rescue C.W.1, accused No.1 threatened her. The wound certificate indicates that, C.W.1 has sustained four (4) injuries. Out of them, one injury is grievous in nature. The injured/C.W.1 could not sign on the complaint due to injuries sustained, he has affixed his LTM. Accused No.2 has accompanied accused No.1. Accused No.2 has conspired with accused No.1 and video graphed the incident in his mobile. Accused No.2 has trespassed into the office of C.W.1. The mobile and bike used by accused No.2 have been seized. Learned Additional State Public Prosecutor places reliance on the decision of Darshan's case on the point that, the offence alleged against the petitioners is a serious and heinous offence and merely because they are in custody for - 6 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 nine(9) months is not a ground for grant of bail. Petitioner No.1 is not a client of C.W.1 and therefore he has no business to enter the office of C.W.1. If the petitioners are granted bail, there are chances of them threatening the prosecution witnesses and flee from justice. The residence of petitioners is at a distance of two(2) kms. from the house of C.W.1 and if they are granted bail, there is a threat to C.W.1. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that, C.W.1 is an advocate by profession and is a co-Chairman in Bar Council of India. The mother of accused No.1 i.e., C.W.3 had living in relationship with late Sri. D. Nanjunda Reddy, Advocate. Accused No.1 and C.W.3 made a representation to the Karnataka State Bar - 7 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 Council against late Sri. D. Nanjunda Reddy and C.W.1 did not entertain the said representation and therefore enraged by that, accused No.1 along with accused No.2 on 16.04.2025 at 08.30 a.m. trespassed into the office of C.W.1 holding fiber pipes and accused No.1 with an intend to commit murder of C.W.1 assaulted with PVC pipe on C.W.1 on his head and in order to protect the same, C.W.1 put his right hand and sustained injury to his palm. Again accused No.1 tried to assault C.W.1 with the said PVC pipe, he raised his left hand in order to protect himself and sustained injury on his left hand. At that time, C.W.2 came to rescue C.W.1 and accused No.1 threatened her not to come in between. Thereafter, accused No.1 threatened C.W.1 to finish him and his family members. At the time of the incident, accused No.2 was recording the incident in his mobile and helped accused No.1 in committing the offence. 7. The wound certificate of C.W.1 indicates that, he has sustained four(4) injuries. Out of them, injury No.3 - 8 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 is a fracture of right forearm and it is grievous in nature. The statement of C.W.1 itself clearly indicates that accused No.1 with an intend to kill him tried to assault on his head with PVC pipe and he put his hands to protect himself. The very act of accused No.1 itself indicates the intention of accused No.1 to commit the murder of C.W.1. 8. C.W.1 is an advocate and co-Chairman of Bar Council of India. The accused persons trespassed into the office of C.W.1 without any professional work. The overtact of assault by accused No.1 clearly indicates that he intended to commit the murder of C.W.1. If accused No.1 is granted bail, there is a threat to C.W.1 and other prosecution witnesses. Therefore, accused No.1 is not entitled for grant of bail. 9. Except the presence of accused No.2 on the spot at the time of incident along with accused No.1, there is no overtact of assault is alleged against him. At the time of incident, it is alleged that accused No.2 was recording - 9 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 the incident in his mobile. There is no any overtact of assault is alleged against petitioner No.2/accused No.2. Petitioner No.2/accused No.2 is not related to accused No.1 and it is stated that he is a friend of accused No.1. Considering the said aspect, petitioner No.2/accused No.2 is entitled for grant of bail with conditions. 10. Considering all the above aspects, petitioner No.2/accused No.2 has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition filed by accused No.1 is hereby rejected. The Criminal Petition filed by accused No.2 is allowed. Petitioner No.2/accused No.2 is granted bail in Crime No.95/2025 of Halasuru Gate Police Station, subject to following conditions: i) Petitioner No.2/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- - 10 - HC-KAR NC: 2026:KHC:3505 CRL.P No. 14525 of 2025 (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) Petitioner No.2/accused No.2 shall not threaten or tamper the prosecution witnesses either directly or indirectly. iii) Petitioner No.2/accused No.2 shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. iv) If petitioner No.2/accused No.2 found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 2