Karnataka High Court

CRL.P/14699/2026 of SRI. K. S. MALEGOWDA Vs THE STATE OF KARNATAKA on 5 October 2026

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CNR: KAHC010652762026 NC: 2026:KHC:55331 CRL.P No. 14699 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14699 OF 2026 BETWEEN: 1. SRI K.S. MALEGOWDA S/O LATE SOMEGOWDA AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 14699 OF 2026

BETWEEN:

1.

SRI K.S. MALEGOWDA

S/O LATE SOMEGOWDA

AGED ABOUT 49 YEARS.

2.

SRI RAJU M

S/O K.S. MALEGOWDA

AGED ABOUT 22 YEARS.

BOTH ARE RESIDING AT

DOOR NO.8/1, VIGNESHWARA NILAYA

VISHWESHWARA NAGAR

VIDYARANYAPURAM, MYSORE.

…PETITIONERS

(BY SRI UMESH R, ADV.)

AND:

THE STATE OF KARNATAKA

BY VIDHANA SOUDHA POLICE STATION

BANGALORE CITY, REPRESENTED BY ITS

PUBLIC PROSECUTOR HIGH COURT

COMPLEX, BANGALORE.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS)

PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN THE

EVENT OF PETITIONERS/ ACCUSED NO.1 AND 2 ARREST FOR THE

ALLEGED OFFENCES PUNISHABLE UNDER SECTION 318(4) OF BNS

ACT, IN (CRIME NO.65/2026) OF VIDHANA SOUDHA POLICE

STATION WHICH IS PENDING ON THE FILE OF 41TH ADDITIONAL

CHIEF JUDICIAL MAGISTRATE AT BENGALURU

Digitally

signed by

NANDINI M S

Location:

HIGH COURT

OF

KARNATAKA

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

CORAM:

HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

1. Accused Nos.1 and 2 in Crime No.65/2026 registered by Vidhana Soudha Police Station, Bengaluru, for the offence punishable under Section 318(4) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.65/2026 was registered by Vidhana Soudha Police Station, Bengaluru, against the petitioners herein based on the first information dated 11.06.2026 received from Pavan Mallya S/o Krishna Mallya. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.8332/2026 before the jurisdictional Sessions Court which was rejected on 05.09.2026. Therefore, they are before this Court.

4. In the first information submitted by the alleged victim on 11.06.2026, it is stated that he has got a property at Agumbe and one Sudhindra had encroached the said property.

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Subsequently, petitioner No.1 was introduced to him by Umesh Gowda, for the purpose of fencing the aforesaid property at Agumbe and removing the encroachment. The first informant allegedly had paid a total amount of Rs.3,50,000/- to the account of the accused persons, who are the father and son. On the allegation that subsequently, the accused persons had not fenced the property nor had repaid the amount received by them, first informant has approached the police.

5. The dispute between the parties basically appears to be civil in nature. The alleged offence is triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Considering the nature of allegations found against the petitioners, who have undertaken to cooperate with the police for the purpose of investigation, the following order:-

6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.65/2026 registered by Vidhana Soudha Police Station, Bengaluru, for the

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offence punishable under Section 318(4) of BNS, 2023, subject to the following conditions:

1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer.

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

3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.

4. The petitioners shall not involve in similar offences in future.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 86

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