- 1 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16618 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: T. MALLESHAPPA S/O.THIPPANNA, AGED ABOUT 51 YEARS, R/AT HEDNE VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK AND DISTRICT - 577 534. …PETITIONER (BY SRI.GOUTHAM.M., ADVOCATE) AND: THE STATE OF KARNATAKA MAYAKONDA POLICE STATION, DAVANAGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL U/S.482 OF BNSS 2023 FOR THE OFFENCE 303(2) OF BNS, REGISTERED BY THE RESPONDENT MAYOKONDA POLICE IN CRIME NO.113/2025 PENDING BEFORE IST ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, AT DAVANAGERE. THIS CRIMINAL 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 sole accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.113/2025 of Mayakonda Police Station registered for the offence punishable under Section 303(2) of BNS. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. 3. The learned counsel for the petitioner would contend that, the petitioner is the son of complainant. There were disputes among them with regard to betel nut crop grown in the joint family land. The petitioner has - 3 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 been cultivating the land and has been obtained the betel nut crop therefrom for the last ten years. The wife of the petitioner has filed a counter-complaint, which has been registered as Crime No.114/2025 against the complainant and two others. A false complaint has been made against the petitioner. The petitioner is ready to cooperate with the Investigating officer in the investigation and abide by the terms and conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent / State would contend that, the matter is under investigation and the petitioner is required for custodial interrogation. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 6. The allegation made against the petitioner in the complaint is that, he is the younger son of the complainant, and he has committed theft of betel nut crop to the extent of 35 quintal and 70 kgs. The said alleged incident has taken place between 10.00 a.m. to 6.00 p.m. on 25.10.2025 and registered in Crime No.113/2025. The wife of the petitioner has also filed a complaint, which came to be registered as Crime No. 114/2025 against the complainant and two others, alleging that they outraged her modesty and tore her clothes. The said incident is stated to have taken place at about 10.00 a.m. on 24.10.2025. Considering the case and the counter- case, whether the petitioner has committed theft of the betel nut crop is a matter for investigation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. There are no criminal antecedents against the petitioner. - 5 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.113/2025 of Mayakonda Police Station registered for the offence punishable under Section 303(2) of BNS subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner shall voluntarily appear before the Investigating officer within fifteen days from this day and execute a bail bond and furnish surety. - 6 - HC-KAR NC: 2026:KHC:1203 CRL.P No. 16618 of 2025 c) The petitioner shall cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. d) The petitioner 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 or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 3