- 1 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 655 OF 2026 C/W CRIMINAL APPEAL NO. 656 OF 2026 IN CRL.A No. 655/2026 BETWEEN: 1. MALLAPPA BAPAKAR, S/O. ARJUN, AGED ABOUT 37 YEARS, R/AT NO.6, 10TH BLOCK, SHARAVATHI SANKIRNA, ADUGODI POLICE QUARTERS, BANGALORE - 560 030. 2. G.S SHIVARAJA, S/O. SANNA YARRAPPA, AGED ABOUT 28 YEARS, R/AT NO.131, MAIN ROAD, S. GOLLARAHATTI VILLAGE, AGRAHARA, BELLARY DISTRICT - 583 128. …APPELLANTS (BY SRI. SYED MUZAKKIR AHMED., ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 AND: 1. STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION, BANGALORE RURAL DISTRICT - 562 162. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001). 2. SMT. ADILAKSHMI, W/O. P.L GOPI, AGED ABOUT 42 YEARS, R/AT NO.72, 2ND MAIN ROAD, 10TH CROSS, SONNENAHALLI, VIVEKNAGARA, BANGALORE CITY - 560 047. …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; R2 IS SERVED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 02-04-2026 PASSED IN CRL.MISC NO.450/2026 ON THE FILE OF THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE , BENGALURU RURAL DISTRICT, BENGALURU, AND CONSEQUENTLY GRANT ANTICIPATORY BAIL IN CRIME NO.999/2025 OF MADANAYAKANAHALLY POLICE STATION, BANGALORE RURAL DISTRICT, WHICH IS NOW PENDING IN SPL.C.NO.88/2026 ON THE FILE OF THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR OFFENCES UNDER - 3 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 SECTIONS 118(2), 127(2), 258, 120(1) R/W 3(5) OF BNS AND SECTION 3(2)(va) OF SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 WITH A DIRECTION TO RELEASE THEM ON BAIL IN THE EVENT OF ARREST. IN CRL.A NO. 656/2026 BETWEEN: PAVAN KUMAR H.R., S/O. RAVISHA H.D, AGED ABOUT 28 YEARS, R/AT NO.5, HALEHALLI VILLAGE, JAGALUR TALUK, DAVANAGERE - 577 528. …APPELLANT (BY SRI. SYED MUZAKKIR AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MADANAYAKANAHALLY POLICE STATION, BANGALORE RURAL DISTRICT - 562 162. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BANGALORE - 560 001). 2. SMT. ADILAKSHMI, W/O. P.L GOPI, AGED ABOUT 42 YEARS, R/AT NO.72, 2ND MAIN ROAD, - 4 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 10TH CROSS, SONNENAHALLI, VIVEKNAGARA, BANGALORE CITY - 560 047. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; R2 IS SERVED) THIS CRL.A. FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 12-01-2026 PASSED IN CRL.MISC NO.2480/2025 ON THE FILE OF THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND CONSEQUENTLY GRANT ANTICIPATORY BAIL IN CRIME NO.999/2025 OF MADANAYAKANAHALLY POLICE STATION, BANGALORE RURAL DISTRICT, WHICH IS NOW PENDING IN SPL.C.NO.88/2026 ON THE FILE OF THE HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR OFFENCES UNDER SECTIONS 118(2), 127(2), 258, 120(1) R/W 3(5) OF BNS, WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 5 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 ORAL JUDGMENT Accused No.11 in Criminal Appeal No. 656/2026, Accused Nos.12 and 13 in Criminal Appeal No.655/2026, are before this Court being aggrieved by the order dated 12.01.2026 passed in Crl.Misc.No.2480/2025 and order dated 02.04.2026 in Crl.Misc.No.450/2026 respectively on the file of II Additional District and Sessions Judge and Special Judge, Bangalore Rural District, Bangalore, by which their applications seeking anticipatory bail has been rejected. 2. The case of the prosecution is that on 13.11.2025 at 1.15 a.m., accused Nos.11 to 13 who are the appellants herein had taken deceased Darshan to Viveknagar police station for he allegedly threatening a Zomato delivery boy and the police staff with a weapon. That under the direction of the Station House Officer who was arrayed as accused No.10, deceased Darshan was unlawfully held in lockup in Viveknagar Police station - 6 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 between 13.11.2025 until midnight of 15.11.2025 without even registration of an FIR. That accused No.11 had assaulted two to three times with a lathi during the initial pick-up from his home and again in the police station. Then on 15.11.2025, deceased Darshan was shifted from Viveknagar Police station to rehabilitation center known as 'Unity Social Service Trust' situated at Adakamaranahalli. That the said center was owned by one Srinivas- accused No.1, treating alcoholic and drug addicts since 16.01.2023. That the deceased Darshan had attempted to break open the gate of the rehabilitation center and escaped with other patients. This had enraged accused No.1 and his staff who are arrayed as accused Nos.2 to 6 and some patients who were arrayed as accused Nos.7 to 9 who allegedly assaulted Darshan multiple times by hands, legs, lathis, clubs, belts, steel rods and plastic pipe between 23.11.2025 to 26.11.2025. Said Darshan was severely injured and also due to lack of medical treatment, he died at about 10.30 a.m. on 26.11.2025. - 7 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 Accordingly the case was registered. 3. Accused Nos.11 to 13 who are appellants herein had filed petition seeking anticipatory bail, which is rejected by the Trial Court. Being aggrieved, the present appeals are filed. 4. Learned counsel for the appellants submits that that the only allegation against accused No.11 is that at the time when the deceased Darshan was picked up initially from his home, he had assaulted on two occasions by lathi thereafter once in the police station. There is no allegation whatsoever against accused Nos.12 and 13, who had merely accompanied accused No.11 in picking up the deceased and dropping him at the police station. Thus, he submits that no overt act of any nature whatsoever attributed against accused Nos.12 and 13. Though overt act of assault by lathi is attributed to accused No.11, he submits that it was only in the initial stage and same cannot be cause of injury or death as alleged. He also insists that the accused Nos.1 to 9 who are the owner, - 8 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 staff and the inmates of the rehabilitation center and accused Nos.11 to 13 had no access or control over the rehabilitation center. Hence, he seeks allowing of the appeals. 5. Learned High Court Government Pleader, on the other hand submits that the series of the acts, which has to be taken into consideration from the time of deceased being picked up from his home till his demise, in which specific acts have been attributed on the accused Nos.11 to 13 who are the appellants herein. Since, the allegations are serious in nature and they are the police personnel's may influence in the process of investigation. Hence, seeks for rejection of the appeal. 6. Heard the learned counsel for the appellants and learned High Court Government Pleader and perused the records. 7. The only allegation as pointed by learned counsel for the appellants emanating from the records is accused No.11 allegedly assaulting the deceased by lathi while - 9 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 picking him from his home and once in the police station. This incident is stated to have taken place on 13.11.2025. Admittedly, deceased was shifted to rehabilitation center belonging to accused No.1 on 15.11.2025 instant and he was allegedly subjected to physical assault by accused Nos.1 to 9 who are owner, inmates and the staff of the said rehabilitation center on 23.11.2025 and he died on 26.11.2025. The distance of time from his pickup and assault in the rehabilitation center is significant. 8. No overt act is attributed on accused Nos.12 and 13 except that they had accompanied accused No.11 in taking the deceased from his home to police station. 9. The facts indicated above do not make out any serious case against the appellants punishable with life imprisonment or death. In any event, even according to complaint averments, the injuries were inflicted on the deceased resulting in his death at the rehabilitation center while he was in the control of accused No.1. - 10 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 10. Accused No.10 has been granted anticipatory bail by this Court. In view of the aforesaid circumstances this Court is of the considered view that accused Nos.11, 12 and 13 who are appellants in these appeals are also entitled for anticipatory bail on parity. Accordingly the following: O R D E R (i) Criminal Appeals are allowed. (ii) Impugned order dated 12.01.2026 passed in Crl.Misc.No.2480/2025 and order dated 02.04.2026 in Crl.Misc.No.450/2026 respectively by the II Additional District and Sessions Judge and Special Judge/Bengaluru Rural District, Bengaluru, are set aside. (iii) Accused Nos.11, 12 and 13-appellants herein are directed to be enlarged on bail in the event of their arrest in Crime No.999/2025 of Madanayakanahalli Police Station registered for the offences punishable under Sections 103(1), 127(3), 3(5) of BNS and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe - 11 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 (Prevention of Atrocities) Act, 1989, subject to the following conditions: a) Accused Nos.11, 12 and 13-appellants shall execute personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; b) The accused Nos.11, 12 and 13-appellants shall appear before the jurisdictional Court and obtain regular bail within ten days from the date of receipt of certified copy of this order. c) The accused Nos.11, 12 and 13-appellants shall appear before the Deputy Superintendent of Police (H and B), CID, Carlton House, Palace Road, Bengaluru between 10:00 a.m. and 6:00 p.m., everyday for next fifteen days and if required thereafter till completion of enquiry and extend full co-operation for investigation/enquiry as the case may be; - 12 - HC-KAR NC: 2026:KHC:23202 CRL.A No. 655 of 2026 C/W CRL.A No. 656 of 2026 d) The accused Nos.11, 12 and 13-appellants shall not directly or indirectly threaten or tamper with the prosecution witnesses; e) The accused Nos.11, 12 and 13-appellants shall not involve in similar offences in future; f) The accused Nos.11, 12 and 13-appellants shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (M.G.S. KAMAL) JUDGE SS List No.: 1 Sl No.: 32