- 1 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16138 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. ESHWARA REDDY SON OF SUBBANNA AGED ABOUT 48 YEARS R/AT SINGAPPAGARIPALLI VILLAGE PATHAPALYA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA – 561 212. …PETITIONER (BY SRI. NAGABHUSHANA REDDY K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PATHAPALYA POLICE STATION CHIKKABALLAPURA REPRESENTED BY S.P.P HIGH COURT BUILDING BANGALORE-01. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO RELEASE THE ABOVE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME No.75/2025 OF PATHAPALYA POLICE FOR AN ALLEGED Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 OFFENCES UNDER SECTIONS 103(1), 189(2), 191(2), 352 R/W 190 OF BNS 2023. 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 the petitioner –accused No.8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.75/2025 of Pattapalya Police Station registered for offences under Sections 103(1), 189(2), 191(2), 352 read with Section 190 of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the injured has given her statement while in the hospital and based on the same, the case has been registered in Crime No.75/2025 of Pattapalya Police Station for offences under Sections 189(2), 191(2), 109, - 3 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 352, 190 of BNS, wherein the petitioner has not been arrayed as accused. In the said statement, the injured has stated the presence of this petitioner standing, watching the incident and not came to pacify the quarrel. The injured died in the hospital on 28.10.2025 and thereafter the husband of the injured -deceased has filed complaint wherein he has alleged that this petitioner has given petrol and taken part in the incident and abated accused persons to commit the offence. The said complaint by the husband of the deceased is afterthought. The deceased has not stated in her statement regarding the said act of this petitioner giving petrol and abating the other accused to commit the offence. The petitioner is ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the averments of the complaint filed by the husband of the - 4 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 deceased indicate that this petitioner has given petrol to the other accused and at the time of incident, he was instigating the other accused to commit the offence. The investigation is in progress. The petitioner is required for custodial interrogation. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the complaint, FIR and other materials placed on record. 6. The incident has taken place on 07.10.2025 and in the said incident, Smt. Bayamma has sustained burn injuries and she was admitted in hospital. The statement of the said injured Smt. Bayamma has been recorded in the hospital and based on that, the case has been registered in Crime No.75/2025. In FIR, the name of this petitioner has not been shown as accused. In the said statement of the injured, even though name of petitioner is mentioned, it is stated that he and others have not - 5 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 came to pacify the quarrel and they are watching the incident. The injured -Smt. Bayamma died on 28.10.2025. Thereafter, the husband of Smt. Bayamma has filed complaint wherein he has alleged that this petitioner has given petrol and instigated other accused to commit the offence. The said aspect of this petitioner giving patrol and instigating the other accused to commit offence has not been stated by the injured in statement recorded in the hospital based on which the case has been registered. The petitioner has undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.75/2025 of Pattapalya Police Station subject to following conditions: a) The petitioner –accused No.8 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.8 shall appear before the Investigating Officer whenever called for and co-operate for investigation. c) The petitioner –accused No.8 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court - 7 - HC-KAR NC: 2026:KHC:734 CRL.P No. 16138 of 2025 or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16 Ct.sm