- 1 - HC-KAR NC: 2026:KHC:24479 CRL.P No. 5608 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 5608 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI H C SHIVAKUMARASWAMY @ SWAMY S/O LATE CHANDRASHEKHARAPPA, AGED ABOUT 44 YEARS, COOLIE BY PROFESSION R/AT CHOULAHIRIYURU VILLAGE, KADURU TALUK, CHIKKAMAGALURU DISTRICT-577180 …PETITIONER (BY SRI. PRAKASH H.C.,ADVOCATE) AND: STATE OF KARNATAKA BY YAGATI POLICE, CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.9/2026 OF YAGATI POLICE FOR THE OFFENCE P/U/S 189(2),352,118(2),118(1), 109,351(2) R/W 190 OF BNS 2023 NOW PENDING ON THE FILE OF THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24479 CRL.P No. 5608 of 2026 LEARNED ADDL.CIVIL JUDGE AND J.M.F.C AT KADURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Accused No.3 in Crime No.9/2026 registered by Yagati Police Station, Birur Circle, Chickmagalur District for the offences punishable under Section 189(2), 352, 115(2), 118(1), 109, 351(2), 190 of BNS Act, 2023, is before this Court seeking Anticipatory Bail. 2. A complaint dated 28.01.2026 came to be filed by one Yathish Kumar M.P alleging that on 27.01.2026 at 9:00 p.m. he and his brother were travelling on a motorcycle to the house of their relative. They came near the bus stop for the purpose of filling the petrol, at that time one person came in bike and dashed against the motorcycle of the complainant. Upon questioning him, said person got enraged and slapped on the face of the complainant and later he was joined by group of four persons, further assaulting him and his brother causing - 3 - HC-KAR NC: 2026:KHC:24479 CRL.P No. 5608 of 2026 injuries and also threatened to eliminate them. Accordingly, the complaint was registered. 3. Learned counsel for the petitioner submits that the accused Nos.1, 2, 4 and 5 have already been enlarged on bail. That despite lapse of 90 days charge sheet has not been filed. Hence, seeks for allowing of the petition. 4. Learned Addl. SPP submits that charge sheet is ready and the same would be filed in the due course. She submits though the name of the accused is not specifically mentioned, it indicates his involvement in crime. 5. Heard. Perused the records. 6. The complaint does not refer either the presence or any overt act of the petitioner herein. Accused Nos.1, 2, 4 and 5 have already been granted bail. On the ground of parity, petitioner is also entitled for bail. 7. Accordingly, the petition is allowed. The respondent - Police are directed to release the petitioner in the event of his arrest in Crime No.9/2026 registered by Yagati - 4 - HC-KAR NC: 2026:KHC:24479 CRL.P No. 5608 of 2026 Police Station, Birur Circle, Chickmagalur District for the offences punishable under Section 189(2), 352, 115(2), 118(1), 109, 351(2), 190 of BNS Act, 2023, subject to the following conditions: (a). Petitioner-Accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- with two local sureties for the likesum to the satisfaction of the jurisdictional Court; (b). Petitioner-Accused No.3 shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order. (c). Petitioner-accused No.3 shall obtain regular bail within 15 days from the date of receipt of certified copy of this order. (d). Petitioner-accused No.3 shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 4 Sl No.: 39