Karnataka High Court
CRL.P/7182/2026 of SRI KARIYAPPA K Vs THE STATE OF KARNATAKA on 21 May 2026
NC: 2026:KHC:25212 CRL.P No. 7182 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. 7182 OF 2026 BETWEEN: 1. SRI KARIYAPPA K. S/O. POOJARI KARIYAPPA, AGED ABOUT 69 YEARS, 2. SRI. KRISHNA
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. 7182 OF 2026
BETWEEN:
1.
SRI KARIYAPPA K.
S/O. POOJARI KARIYAPPA,
AGED ABOUT 69 YEARS,
2.
SRI. KRISHNA MURTHY P.K.,
S/O. K. KARIYAPPA,
AGED ABOUT YEARS,
BOTH ARE RESIDING AT PEDDANAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK - 572 220, TUMAKURU DISTRICT.
…PETITIONERS
(BY SRI. BHADRI R. @ BHADRINATH R., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY STATION HOUSE OFFICER,
GUBBI POLICE STATION,
GUBBI TALUK - 572 216,
TUMAKURU DISTRICT.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
…RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
Digitally
signed by
VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482
BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONERS/ACCUSED NOS.2 AND 3 IN THE EVENT OF THEIR
ARREST IN CRIME NO.125 OF 2026 REGISTERED WITH GUBBI
POLICE STATION, GUBBI TALUK - 572 216, TUMAKURU
DISTRICT FOR OFFENCES PUNISHABLE UNDER SECTIONS
115(2), 118(1), 351(2), 352, 324(2), READ WITH SECTION
3(5) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PENDING BEFORE THE LEARNED SENIOR CIVIL JUDGE AND
JMFC AT GUBBI COURT, GUBBI, TUMAKURU, AS FOUND AT
ANNEXURE-A AND CONSEQUENLTY SET ASIDE THE ORDER
DATED 07.05.2026 IN CRL.MISC.NO.676 OF 2026 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
TUMAKURU, AS FOUND AT ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
This petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is filed by accused Nos.2 and 3 against the order dated 11.04.2026 in Crime No.125/2026 registered by Gubbi Police Station, for the offences punishable under Sections 115(2), 118(1), 351(2), 352, 324(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
2. The learned counsel appearing for the petitioners submits that the complaint is against accused No.1 and there is
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no prima-facie allegation against accused Nos.2 and 3 for their involvement in the alleged crime.
3. The learned High Court Government Pleader appearing for the respondent submits that, if the petitioners are granted bail, they may not co-operate in the investigation.
4. After considering the submissions of the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent and on perusal of the FIR on record, it is prima-facie indicative that there are no allegations against accused Nos.2 and 3 and there are no ingredients to attract the alleged offences against accused Nos.2 and 3.
5. In the light of the above, the following:
ORDER
(i) The criminal petition is allowed.
(ii) In the event of the arrest of the petitioners/accused Nos.2 and in Crime No.125/2026 registered by Gubbi Police Station, for
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the offences punishable under Sections 115(2), 118(1), 351(2), 352, 324(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, they shall be enlarged on bail subject to the following conditions; (a) The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (rupees one lakh only) each along with one surety each for the likesum to the satisfaction of the investigating officer.
(b) The petitioners/accused Nos.2 and 3 shall appear before the investigating officer within a period of fifteen days from the date of this order to execute the personal bond and also to furnish surety.
(c) The petitioners/accused Nos.2 and 3 shall cooperate with the investigation as and when required.
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(d) The petitioners/accused Nos.2 and 3 shall appear before the trial Court on all hearing dates without fail.
(e) The petitioners/accused Nos.2 and 3 shall not threaten the prosecution witnesses nor hamper the Court proceedings.
(f) The petitioners/accused Nos.2 and 3 shall not indulge in any criminal activities. In case, the petitioners/accused Nos.2 and 3 violate any of the bail conditions stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (K. V. ARAVIND) JUDGE
SJK List No.: 1 Sl No.: 45