- 1 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17704 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. HAREESHA G. S/O. GANGAPPA, AGED ABOUT 35 YEARS, R/AT: JUNGALPALYA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560 083. 2. RAKESH M. S/O. MUNIRAJU, AGED ABOUT 28 YEARS, R/AT: JUNGALPALYA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560 083. …PETITIONERS (BY SRI. MANJUNATH M.R., ADVOCATE) AND: THE STATE OF KARNATAKA BY BANNERGHATTA P.S, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON AN ANTICIPATORY BAIL AND TO DIRECT THE RESPONDENT BANNERGHATTA POLICE STATION, BENGALURU TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.231/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 351(2), 351(3) AND 352 READ WITH SECTION 190 OF BNS, 2023 PENDING ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC AT ANEKAL, BENGALURU RURAL DISTRICT IN ITS C.C.NO.8198/2025. 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 3 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.231/2025 of Bannerghatta Police Station registered for offences punishable under Sections 109(1), 351(2), 351(3) and 352 read with Section 190 of Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, accused Nos.2, 4 and 5 have been granted bail by this Court in Criminal Petition No.13051/2025, accused No.6 has been granted bail in Criminal Petition No.13911/2025 and accused No.7 has been granted anticipatory bail in Criminal Petition No.14418/2025. As per column-17 of the charge sheet, there is overtact of assault is alleged against No.2 assaulting the injured with a beer bottle on his head. The accusation against petitioner No.1/accused No.1 is assault on C.W.1 with beer bottle on his head. There is no specific overtact is alleged against petitioner No.2/accused No.3 assaulting the injured, the allegation against him is omnibus. The injured has not been admitted and he has taken treatment as an outpatient. The wound certificate indicates that, the injured has sustained three simple injuries. In the - 4 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 complaint, there is no specific overtact alleged against each of the accused and the accusation against them is omnibus. As the charge sheet is filed, the petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the serious overtact is alleged against petitioner No.1/accused No.1 assaulting the injured with beer bottle on his head. The injured has sustained injury on the head. The FSL report indicates that, the beer bottle contains blood stains. The charge sheet materials show that, there is a prima-facie case against the petitioners for offences alleged against them. 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. - 5 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 6. On perusal of the averments of the charge sheet, accused Nos.1 to 8 who are having a previous enmity with C.W.1, on 08.08.2025 at about 08.10 p.m., formed unlawful assembly and with an intention to kill C.W.1 assaulted him with hands on his chest, stomach, face and abused him and accused No.1 assaulted him with beer bottle on his head and assaulted him with the same beer bottle on his right hand and accused No.2 assaulted C.W.1 with beer bottle on his head. 7. Accused No.2 has already been granted bail. The overtact alleged against petitioner No.1/accused No.1 is similar to that of accused No.2 who has been granted bail. The wound certificate indicates that, the injured has sustained three simple injuries. The accusation against petitioner No.2/accused No.3 is omnibus. As the charge sheet is filed, the petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. - 6 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 8. Considering all the above aspects, the petitioners have made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioners are granted anticipatory bail in Crime No.231/2025 of Bannerghatta Police Station and are ordered to be released on bail in the event their arrest, subject to following conditions: i) The petitioners shall voluntarily appear before the jurisdictional Court and execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court. ii) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioners shall appear before the trial Court on all dates hearing unless exempted - 7 - HC-KAR NC: 2026:KHC:5087 CRL.P No. 17704 of 2025 and cooperate for speedy disposal of the case. iv) The petitioners shall not involve in commission of any offence. If the petitioners are found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to them. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 24