Karnataka High Court
CRL.P/6529/2026 of HARCHARAN SINGH Vs THE STATE OF KARNATAKA on 21 May 2026
NC: 2026:KHC:25219 CRL.P No. 6529 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. 6529 OF 2026 BETWEEN: 1. HARCHARAN SINGH S/O AVTAR SINGH AGED ABOUT 66 YEARS, RESIDENT OF VIDYANAGARA,
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. 6529 OF 2026
BETWEEN:
1.
HARCHARAN SINGH
S/O AVTAR SINGH
AGED ABOUT 66 YEARS,
RESIDENT OF VIDYANAGARA,
SHIVAMOGGA DISTRICT
PINCODE-577203
ALSO AT B2, 14 WARD,
SUGAR FACTORY QUATRAS,
HARIGE, MALALAKOPPA,
NIDIGE, SHIVAMOGGA
PINCODE -577222
2.
ARBJEET SINGH @ SARBJEET SINGH,
S/O HARCHARAN SINGH,
AGED ABOUT 36 YEARS,
RESIDENT OF 2ND CROSS,
VIDYANAGARA, SHIVAMOGGA DISTRICT.
PINCODE-577203
ALSO AT B2, TS W COLONY,
MALAVAGOPPA, NIDIGE, NIDIGE POST,
SHIVAMOGGA DISTRICT
PINCODE-577222
3.
SIMRAN KAUR
W/O SARBJEET SINGH,
Digitally
signed by
VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
AGED ABOUT 29 YEARS
RESIDENT OF 2ND CROSS,
VIDYANAGARA, SHIVAMOGGA DISTRICT
PINCODE-577203
ALSO AT B2, T S W SILKY COLONY,
MALAVAGOPPA, NIDIGE, NIDIGE POST,
SHIVAMOGGA DISTRICT
PINCODE-577222
…PETITIONERS
(BY SRI. PAVAN KUMAR M.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY KOTEPS,
SHIVAMOGGA DISTRICT,
(REP. BY THE SPP, HIGH COURT PREMISES,
BENGALURU CITY -560001
…RESPONDENT
(BY SMT. M.M. WAHEEDA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482
BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT
THEM
THE
RELIEF
OF
ANTICIPATORY
BAIL
IN
CRIME
NO.67/2026 PENDING BEFORE PRL.CIVIL JUDGE AND (SR.DN)
AND CJM COURT, SHIVAMOGGA DISTRICT, SHIVAMOGGA FOR
THE OFFENCES P/U/S 109(1), 115(2), 85 R/W 3(5) OF BNS
2023 AND FURTHER BE PLEASED TO DIRECT THE STATION
HOUSE
OFFICER
KOTE,
POLICE
STATION
SHIVAMOGGA
DISTRICT TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR
ARREST IN THE ABOVE CRIME.
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
This petition under section 482 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS 2023') is by accused Nos.1 to 3 in Crime No.67/2026 registered by the Kote police station, Shivamogga district for offences punishable under Sections 109(1), 115(2), 85 read with Section 3(5) of BNS 2023.
2. The complaint is filed by the sister of the victim. Ppetitioner no.1 is the husband, petitioner no.2 is the son, and petitioner no.3 is daughter-in-law of the victim.
3. Sri M.S.Pavankumar, learned counsel for the petitioners, submits that the complaint was filed by the sister of the victim for trivial reasons, taking advantage of the misunderstanding in the family and to gain control over the movable and immovable properties. It is submitted that minor differences in the family would be sorted out.
4. Learned High Court Government Pleader submits that the husband, son and daughter-in-law have assaulted the aged victim while they were residing under the same roof. It is submitted that if the petitioners are granted bail, they may
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again assault the victim and it would pose a threat to the safety of the victim.
5. Considering the submissions made by learned counsel for the parties and on perusal of the FIR, the alleged victim is the wife of accused no.1 and mother of accused no.2 and mother-in-law of accused no.3. The complaint is filed by the sister of the victim. The contents of the FIR prima facie indicate that it is a trivial issue due to misunderstandings in the family. It is not in dispute that the victim and the petitioners are residing under the same roof. If the petitioners are granted bail, it may lead to a settlement of misunderstanding among the family members. Further, there is no prima facie evidence to attract the alleged offences.
5. In the light of the above, this Court passes the following:
ORDER
i. The criminal petition is allowed; ii. The petitioners are ordered to be enlarged on bail in Crime No.67/2026 by the respondent-police for the aforesaid offence on executing a personal
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bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surely each for the likesum to the satisfaction of the Trial Court; iii. The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court; iv. The petitioners shall appear before the Trial Court on all hearing dates, unless exempted; v. The petitioners shall not involve in any criminal cases till disposal of the case.
In case, if the petitioners violate any of the bail condition as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/- (K. V. ARAVIND) JUDGE
HDK List No.: 1 Sl No.: 107