- 1 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1195 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. ASHRITH K.C, S/O LATE CHANDREGOWDA, AGED ABOUT 33 YEARS, R/AT KESAVINAMANE VILLAGE, MUGTIHALLI POST, AMBLE HOBLI, CHIKKAMAGALURU DISTIRCT -577 101 2. KEERTHI @ THIRTHA KUMAR, S/O BOREGOWDA K.L AGED ABOUT 33 YEARS, R/AT KELAGURU VILLAGE AND POST, ALDURU HOBLI, CHIKKAMAGALURU TALUK AND DIST – 577 101 …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU DIST – 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE – 560 001 …RESPONDENT (BY SRI. RANGASWAMY.R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.222/2025 REGISTERED BY THE CHIKKAMAGALURU TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 352, 115(2), 126(2), 109(1) R/W 3(5) OF BNSS 2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DIV) AND CJM COURT AT CHIKKAMAGALURU, ON SUCH TERMS AND CONDITIONS DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 ORAL ORDER 1. The petitioners / accused Nos.3 and 4 are before this Court seeking for grant of anticipatory bail in Crime No.222/2025 of respondent-police for the offences under Sections 352, 115(2), 126(2), 109(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that, the complainant had been to Akshyaya Bar and Restaurant on 27.12.2025 around 07.30 p.m. to consume alcohol. When he went to sit near the table, the Bar Cleaner requested him to wait for sometime till he finishes the cleaning of the said table. In the meantime, the petitioners and others were consuming alcohol in the neighbouring table. Except Lukith and Mohan, who are the residents of Shankarapura, the complainant did not recognize other persons, who were consuming alcohol in the said table. Accused No.1, staring at the complainant, started quarrelling with him. In the meantime, the other accused had also started assaulting the complainant unnecessarily without any reason. In the meantime, accused No.1 took - 4 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 the knife and assaulted on the left rib and again he assaulted on the right side chest of the complainant and caused bleeding injuries. Immediately, the complainant was shifted to Mallegowda Government Hospital and thereafter, he was referred to Hassan Hospital. The respondent - police have recorded his statement in the said hospital and registered FIR against accused Nos.1 and 2 and others. 3. Heard Sri Girish B. Baladare, learned counsel for the petitioner and Sri Rangaswamy R., learned High Court Government Pleader for respondent – State. 4. The submission of the learned counsel for the petitioners is that petitioners are arraigned as accused Nos.3 and 4. As per the averments of the complaint, the overt act of the present petitioners has not been mentioned properly. In fact, the stab injuries are caused by accused No.1. The statement of the complainant and averments of the complaint are altogether different. The involvement of the present petitioners is not forthcoming in the complaint. Hence, they may be enlarged on bail by imposing suitable - 5 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 conditions. Making such submissions, learned counsel for the petitioners prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent – State vehemently submitted that the petitioners were present in the said Bar and Restaurant. The CCTV footage would indicate that the present petitioners have assaulted the injured along with accused No.1 and caused injuries. The petitioners and others had clear intention to commit murder of the injured. Hence, the petitioners are not entitled for any relief, as prayed for. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Having heard learned counsel for the respective parties and perused the averments of the complaint, it is clear that the averments of the complaint would indicate that the complainant had been to Bar and Restaurant to consume liquor. There a quarrel had taken place between the complainant and others. It is alleged in the said complaint that, accused No.1 took his knife and stabbed the complainant, causing bleeding injuries. However, the specific overt act of the present petitioners is not - 6 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 forthcoming in the said complaint. Therefore, I am of the considered opinion that the petitioners may be enlarged on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 7. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.222/2025 of respondent-police for the offences stated supra, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the Investigating Officer. (iii) The petitioners shall appear before the Investigating Officer within a period of one month from today, to execute a personal bond and also to furnish surety. (iv) The petitioners shall co-operate with investigation till filing of the charge sheet. - 7 - HC-KAR NC: 2026:KHC:13878 CRL.P No. 1195 of 2026 (v) The petitioners shall not threaten or tamper the prosecution witnesses. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioners shall not indulge in any criminal activities till disposal of the case. In case the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 41