Kumar.Shashank G v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13685 OF 2026 BETWEEN:

KUMAR SHASHANK G S/O S GANGADHAR AGE ABOUT 22 YEARS R/AT NO 03, 20TH CROSS 1ST MAIN ROAD BHUVANESHWARINAGAR BENGALURU - 560 023. …PETITIONER (BY SRI ARUN KUMAR B, ADV.) AND:

THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ORDER THE RELEASE OF THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.398/2026 REGISTERED BY BYADARAHALLI POLICE STATION, FOR THE OFFENCE P/SU/ 115(2),118(2),352,351(2),126(1) R/W SEC.3(5) OF BNS 2023, PENDING ON THE FILE OF THE CJM BENGALURU RURAL BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

by NANDINI M S Location: HIGH COURT OF KARNATAKA

ORAL ORDER

¶1Accused No.1 in Crime No.398/2026 registered by Byadarahalli Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(2), 352, 351(2), 126(1) read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.398/2026 was registered by Byadarahalli Police Station, Bengaluru, for the aforesaid offences against petitioner and others based on the first information dated

03.08.2026 received from Prasanna C, who is the injured victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.1770/2026 before the jurisdictional Sessions Court, which was rejected as against him on

28.08.2026. Therefore, he is before this Court.

¶4Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on

02.08.2026 at about 22.00 hours, first information is belatedly

filed on 03.08.2026 at about 22.20 hours, which is after delay of 24 hours. In the first information, it is averred that petitioner was teasing the niece of the first informant and therefore, they had advised him and inspite of the same, he had continued to tease the niece of the first informant and therefore, the first informant had earlier approached the police. Subsequently, petitioner and his friends allegedly had quarreled with the first informant and had assaulted him. It is in this background, FIR was registered against the petitioner for the aforesaid offences.

¶5Learned counsel for the petitioner has submitted that petitioner and the niece of the first informant are in love. On the alleged date of incident, relatives of the petitioner's girlfriend had assaulted him and he had suffered injuries. He has produced medical documents in support of his contention and a perusal of the same, would go to show that it was treated as a medico legal case and history of assault given by the petitioner is, he was assaulted by the parents of his girlfriend. Learned HCGP has brought to the notice of this Court that injured victim in the present case has suffered only simple injuries. Petitioner has no other criminal antecedents. He has

undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following order:-

¶6The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.398/2026 registered by Byadarahalli Police Station, Bengaluru, for the offences punishable under Sections 115(2), 118(2), 352, 351(2), 126(1) read with Section 3(5) of BNS, 2023, subject to the following conditions:

¶1The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

¶2Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

¶3Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with

the police for investigation and appear before them whenever called upon.

¶4The petitioner shall not involve in similar offences in future.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 43