- 1 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16483 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION No. 16488 OF 2025 IN CRL.P No. 16483/2025 BETWEEN: 1. RASHITH S/O BHASKAR AGED ABOUT 26 YEARS R/A No. 2-138, SOOR BETTU 52 HEROOR, BRAHMAVARA TALUK UDUPI DISTRICT-576 213. 2. SANATH S/O VASANTHA KOTIAN AGED ABOUT 24 YEARS R/AT KOLAMBE, RAJEEV NAGARA BRAHMAVARA TALUK UDUPI DISTRICT-576 213. …PETITIONERS (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, BRAHMAVARA POLICE STATION Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO PASS AN ORDER GRANTING BAIL TO THE PETITIONERS HEREIN IN CONNECTION WITH THE CRIME No.225/2025 DATED 30.10.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 137(2), 115(2), 352 R/W 190 OF BNS 2023, PERTAINING TO BRAHMAVARA POLICE STATION. IN CRL.P NO. 16488/2025 BETWEEN: 1. SAMPATH S/O VASANTHA KOTIAN AGED ABOUT 27 YEARS R/AT KOLAMBE, RAJEEV NAGARA BRAHMAVARA TALUK UDUPI DISTRICT-576 213. ...PETITIONER (BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER BRAHMAVARA POLICE STATION THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. ...RESPONDENT (BY SRI M R PATIL, HCGP) - 3 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL TO THE PETITIONER HEREIN IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIME No.225/2025 DATED 30.10.2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 137(2), 115(2), 352 R/W SECTION 190 OF BNS 2023, PERTAINING TO BRAHMAVARA POLICE STATION. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P.No.16483/2025 is filed accused Nos.3 and 4 under Section 483 of BNSS and Crl.P.No.16488/2025 is filed by accused No.1 under Section 482 of BNSS. Both petitions filed praying to grant bail/anticipatory bail in Crime No.225/2025 of Brahmava Police Station registered for offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of BNS. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioners would contend that the accused No.5 who is similarly placed to that of these - 4 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 petitioners has been granted bail in Criminal Petition No.16184/2025 and therefore, these petitioners –accused Nos.1, 3 and 4 are also entitled for grant bail on the ground of parity. The injured has sustained only two simple injuries and they are not on vital part and therefore, offence punishable under Section 109 is not attracted. Petitioners are in judicial custody since 31.10.2025 and as major portion of the investigation is over, they are not required for custodial interrogation. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that petitioners have taken the injured in the car and assaulted him with hands. The matter is still under investigation. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 6. There are two incidents narrated in the complaint took place on 29.10.2025, one in the afternoon, and another at 09.15p.m. Petitioners have called the injured in the evening for settlement. In the night at 09.15p.m., accused Nos. 1, 2 and 5 came in car and accused Nos.3 and 4 - petitioners and Chetan came and accused Nos.1 to 5 took the complainant in car to ground and all accused have surrounded him and accused No.2 has assaulted him with hand on his left cheek and other accused have pushed him and assaulted with hands. Thereafter, accused No.2 has assaulted with rod on his head and he escaped and it caused injury to his left eye and left ear. The injured was further taken in the car and accused Nos.1 and 2 have assaulted him and he lost consciousness and when he regained consciousness he was fallen near Bakur Bridge. Accused No.1 has assaulted the injured complainant with hands. Considering the above aspects, the allegation against petitioners -accused Nos.1, 3 and 4 is that they assaulted the injured -complainant with hands. On perusal of the wound - 6 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 certificate, the injured sustained 02 simple injuries. The petitioners are in judicial custody since 30.10.2025. As major portion of investigation is over, they are not required for further custodial interrogation. There are no criminal antecedents of petitioners. Considering the above aspects, the petitioners have made out case for grant of bail/anticipatory bail with conditions. 7. In the result, the following ORDER i) Both petitions are allowed. ii) Petitioners -accused Nos. 3 and 4 are granted bail and petitioner -accused No.1 is granted anticipatory bail in Crime No.225/2025 of Brahmava Police Station registered for offences punishable under Sections 109(1), 137(2), 115(2), 352 read with Section 190 of BNS subject to following conditions: - 7 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 a) Petitioners -accused Nos. 3 and 4 shall execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Jurisdictional Court. b) Petitioner -accused No.1 shall voluntarily appear before the Investigating Officer/Jurisdictional Court within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer/Jurisdictional Court. c) Petitioner -accused No.1 shall attend the police station on every Sunday for a period of one month or till filing of the final report whichever is earlier. d) Petitioners -accused Nos. 1, 3 and 4 shall not tamper the prosecution witnesses either directly or indirectly. - 8 - HC-KAR NC: 2026:KHC:4463 CRL.P No. 16483 of 2025 C/W CRL.P No. 16488 of 2025 e) Petitioners -accused Nos. 1, 3 and 4 shall attend the trial court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 5 Ct.sm