Kiran S/O Rajappa Salaki Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH GULEDGUDDA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580011.

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…RESPONDENT

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Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka,Dharwad Bench

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(BY SRI. P.N. HATTI, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S. 482 OF BNSS, 2023 (U/S. 438 OF CR.P.C.) SEEKING TO ALLOW THE PRESENT PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN GULEDGUDDA POLICE STATION CRIME NO. 138/2025 REGISTERED FOR THE OFFENCES P/U/SEC. 109, 125(a), 190, 125(b), 281 OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC-D:750 CRL.P No. 105332 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Statement of objections filed by the learned High Court Government Pleader is taken on record.

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Heard Sri. K. L. Patil, learned counsel for the

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petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent-State.

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This petition is filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, with the following prayer:

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“WHEREFORE, the petitioner most respectfully prays that, the Hon’ble Court may kindly be pleased to allow the present petition and grant anticipatory bail to the petitioner/accused No.1 in Guledgudda Police Station Crime No.138/2025 registered for the offences punishable under Sections 109, 125(a), 190, 125(b), 281 of BNS, in the interest of justice and equity.”

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Facts in the nutshell which are utmost necessary

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for disposal of the present petitioner as under:

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3 - NC: 2026:KHC-D:750 CRL.P No. 105332 of 2025

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HC-KAR

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4.1. The mother of the petitioner herein has lodged a complaint before Guledagudda Police Station on 29.11.2025 at about 09.00 p.m., which was registered in Crime No.137/2025 alleging that the accused persons mentioned in the said complaint have illegally entered into her house and enquired about Kiran Salaki who is the present petitioner and tried to assault her and also outraged her modesty.

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Later, on the same day at about 11.00 p.m., a complaint came to be lodged against the present petitioner by one Shrishail S/o. Sharnappa Kumbar, which was registered in Crime No.138/2025 for the offences punishable under Sections 281, 125(a), 125(b), 109 and 190 of Bharatiya Nyaya Sanhita, 2023.

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The attempt made by the present petitioner to seek an order of anticipatory bail was turned down by the learned Trial Judge, whereas, the accused persons in Crime No.137/2025 filed by the mother of the petitioner, are granted the bail.

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NC: 2026:KHC-D:750 CRL.P No. 105332 of 2025

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HC-KAR

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Being aggrieved by the same, the petitioner is

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before this Court.

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Learned counsel for the petitioner would contend

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that assuming that the entire complaint averments are true, in view of the complaint filed by the mother of the petitioner, the second complaint registered in Crime No.138/2025 at about 11 p.m., before Guledagudda Police would be treated as counter complaint and no ingredients are found so as to attract the offence of attempt to murder.

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Police having registered the case for the aforesaid offences, are investigating the matter and petitioner is being apprehended. Therefore, he sought for grant of anticipatory bail.

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Per contra , learned High Court Government Pleader for respondent-State reiterating the grounds urged in the statement of objections would contend that from the date of registration of the complaint, the present petitioner is absconding, which shows that he is not a law-abiding citizen.

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5 - NC: 2026:KHC-D:750 CRL.P No. 105332 of 2025

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HC-KAR

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He would also contend that by non-appearance of the petitioner, investigation in Crime No.138/2025 is crippled.

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He would emphasize that custodial interrogation of the petitioner is necessary, as the incident is sought to be portrayed as an accident, but it is a deliberate act of taking away the life of Shrishail and hence, sought for dismissal of the petition.

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Having heard the arguments of both sides, this Court perused the material on record meticulously.

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On such perusal of the material on record, it is crystal clear that there is a case and counter case. Accused persons in the complaint filed by the mother of the petitioner have been granted bail.

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Whether at all the incident is to be treated as an attempt to murder of the petitioner or not cannot be decided by this Court at this stage by holding a mini trial.

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Suffice to say that, from the date of registration of the crime, police are unable to apprehend the petitioner.

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6 - NC: 2026:KHC-D:750 CRL.P No. 105332 of 2025

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HC-KAR

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If the petitioner is directed to join the investigation and undergo limited custodial interrogation, ends of justice would be met inasmuch as need of the prosecution and right of the petitioner would be harmoniously balanced.

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Accordingly, the following:

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ORDER

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(i) The petition is allowed .

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(ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer on 02.02.2026 at 10 a.m.

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(iii) Investigation Officer is at liberty to take him to custody and conclude the investigation on the same day before 6.00 p.m., and thereafter, enlarge the petitioner on bail on taking a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigation Officer.

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