Karnataka High Court
CRL.P/7315/2026 of MAHESH @ MAHESH KUMAR Vs STATE BY STATION HOUSE OFFICER, on 21 May 2026
NC: 2026:KHC:25213 CRL.P No. 7315 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 7315 OF 2026 BETWEEN: 1. MAHESH @ MAHESH KUMAR S/O NAGARAJU AGED ABOUT 49 YEARS, R/AT 10TH WARD
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CRIMINAL PETITION NO. 7315 OF 2026
BETWEEN:
1.
MAHESH @ MAHESH KUMAR
S/O NAGARAJU
AGED ABOUT 49 YEARS,
R/AT 10TH WARD HALLADKERI
GUNDLUPETE - 571 111
2.
PRAKASH A.V.
S/O VEERACHARI
AGED ABOUT 49 YEARS,
R/AT ANKANAHALLI VILLAGE
DODDAJATAKA POST BELLUR HOBLI,
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 418
3.
GAYATHRI
D/O BHAGYAMMA
AGED ABOUT 50 YEARS,
R/AT JANATHA COLONY
MALLATHAHALLI
BENGALURU SOUTH
BENGALURU - 560 056
…PETITIONERS
(BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE)
Digitally
signed by
VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
AND:
STATE BY STATION HOUSE OFFICER,
AMRUTHURU POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
HIGH COURT BUILDINGS
BENGALURU-560001
…RESPONDENT
(BY SMT. M.M. WAHEEDA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THE
PETITION, GRANT AN ORDER OF ANTICIPATORY BAIL AND
DIRECT
THE
RESPONDENT
POLICE
TO
RELEASE
THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.71/2026, FOR THE OFFENCES P/U/S 115(2), 118(1), 76, 54, 351(2) R/W 3(5) OF BNS, 2023, PENDING BEFORE THE
ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, KUNIGAL, TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
HC-KAR
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ORAL ORDER
Learned High Court Government Pleader accepts notice for the respondent.
2. This petition is filed under Section 482 of BNSS, 2023 by accused Nos.1, 2 and 3 in Crime No.71/2026 registered by Amruthuru Police Station, Tumkuru District for the offences punishable under Sections 115(2), 118(1), 76, 54, 351(2) read with Section 3(5) of BNS, 2023.
3. Learned counsel for the petitioners submits that the alleged incident was among the family members on a trivial issue and there was no intention in causing any injuries. It is submitted that the complainant/daughter did not suffer any injuries in the alleged incident. It is also submitted that petitioners No.1 and 3 are neighbours who attempted to pacify the quarrel among the family members. They are implicated in the criminal proceedings.
4. Learned HCGP submits that if the petitioners are granted bail they may not co-operate in the investigation.
HC-KAR
5. Considering the submissions made by learned counsel for the petitioners and learned HCGP for respondent and perusal of the complaint it is clear that the alleged incident is among the family members and the neighbours interfere to pacify the quarrel between the family members. The complaint does not satisfy presence of any ingredients to attract the alleged penal provisions. This Court having regard to the nature of dispute and the relation between the petitioners and the complainant is of the view that there is no impediment to grant anticipatory bail to the petitioners. Accordingly following:
ORDER
The Criminal Petition is allowed. The respondent-Police is directed to release the petitioners/accused No.1, 2 and 3 in the event of their arrest in Crime No.71/2026 registered by Amruthuru Police Station, Tumkuru District for the offences punishable under Sections 115(2), 118(1), 76, 54, 351(2) read with Section 3(5) of BNS, subject to the following conditions:
HC-KAR
(i) The petitioners/accused No.1, 2 and 3 shall appear before the Investigating Officer within 15 days from the date of receipt of copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) only with two sureties for the likesum to the satisfaction of the Investigating Officer.
(ii) Petitioners shall regularly appear before the Trial court without fail unless exempted by the Trial court for valid reasons.
(iii) Petitioners shall not tamper with the prosecution witness and shall co-operate with the Police for investigation and appear before them whenever called upon.
(iv) The petitioners shall not involve in any offences in future. Sd/- (K. V. ARAVIND) JUDGE
RJ / CT-SG / List No.: 1 Sl No.: 82