Karnataka High Court
CRL.P/14442/2026 of BUDEN SAB Vs STATE BY on 5 October 2026
CNR: KAHC010651282026 NC: 2026:KHC:55327 CRL.P No. 14442 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. 14442 OF 2026 BETWEEN: 1. BUDEN SAB S/O BABUSAB AGED ABOUT 47 YEARS
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. 14442 OF 2026
BETWEEN:
1.
BUDEN SAB
S/O BABUSAB
AGED ABOUT 47 YEARS
AGRICULTURIST.
2.
SULEMAN SABAN @ SULMAN
S/O BABUSAB
AGED ABOUT 51 YEARS.
3.
BARKATH
S/O MOULALI SAB
AGED ABOUT 38 YEARS
BUSINESS.
ALL ARE RESIDING AT
CHILAPURA VILLAGE HONNALI TALUK
DAVANAGERE, PIN CODE NO - 577 224.
…PETITIONERS
(BY SRI RAJU C.N, ADV.)
AND:
STATE BY HONNALI POLICE
DAVANAGERE, REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
AT BANGALORE, PIN CODE - 560 001.
…RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS)
PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.204/2026 OF HONALLI
POLICE DAVANAGERE ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN)
AND J.M.F.C COURT AT HONNALI FOR THE OFFENCE P/U/S 189(2),
Digitally
signed by
NANDINI M S
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
191(2), 191(3), 352, 115(2), 118(1), 109, 109(1) OF BNS 2023 BY
ALLOWING THIS PETITION.
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.3, 5 and 6 in Crime No.204/2026 registered by Honnali Police Station, Davanagere, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 118(1), 109, 74 and 190 of BNS, 2023, are 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.204/2026 was registered by Honnali Police Station, Davanagere, for the aforesaid offences against Junetha and others based on information dated 08.08.2026 received from Khairunnisa, who is the wife of Saleem, one of the injured victims in the present case. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.754/2026 before the jurisdictional Sessions Court, which was rejected on 08.09.2026. Therefore, they are before this Court.
HC-KAR
4. A reading of the first information in the present case would go to show that the alleged incident had taken place on 04.08.2026. In respect of the very same incident, FIR in Crime No.201/2026 was registered at Honnali Police Station, Davanagere, for the offences punishable under Sections 352, 115(2), 103(1) read with Section 3(5) of BNS, 2023. Jaheer Khan, who is the son of petitioner No.1 herein, is the deceased in the said case. In respect of the alleged incident that had taken place on 04.08.2026, there is a case and counter case registered in Crime No.201/2026 and Crime No.204/2026. Present case in Crime No.204/2026 is registered after a delay of four days from the alleged date of incident. Considering the aforesaid aspects of the matter and also the fact that Jaheer Khan, who is the son of petitioner No.1 herein, has died in the incident in question that had taken place on 04.08.2026, the following order:-
5. 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
HC-KAR
No.204/2026 registered by Honnali Police Station, Davanagere, for the offences punishable under Sections 189(2), 191(2), 191(3), 352, 115(2), 118(1), 109, 74 and 190 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.: 79