Mahendra M Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTACIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME No.0158/2025 REGISTERED BY THE ARAKERE POLICE

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NC: 2026:KHC:533 CRL.P No. 15864 of 2025

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HC-KAR

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STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 352, 118(1), 109, 115(2) R/W 3(5) OF BNS, 2023.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section

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482 of BNSS praying to grant anticipatory bail in Crime No.158/2025 of Arakere Police Station registered for offences under Sections 352, 118(1), 109, 115(2) r/w Section 3(5) of BNS.

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Heard learned counsel for petitioner and learned HCGP for respondent/State.

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Learned counsel for the petitioner would contend that accused Nos.2 and 3 have been granted anticipatory bail. There is a delay of two days in filing the complaint.

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Both the injured have been discharged from hospital. There was no intention on the part of the petitioner to

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NC: 2026:KHC:533 CRL.P No. 15864 of 2025

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HC-KAR

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commit the offence. With this he prayed to allow the petition.

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Per contra, learned HCGP would contend that there are serious overt acts alleged against this petitioner assaulting with beer bottle causing injury to face chest, abdomen, shoulder etc. The petitioner had intention to cause death of the injured and the same can be seen as he used the broken beer bottle to assault the injured. Investigation is in progress. With this, he prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

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As per statement of injured - Anand, case has been registered in Crime No.158/2025 of Arakere Police Station for the aforesaid offences. The injured - Anand has given a statement while he was admitted in hospital. As per averments of the said statement of the injured, this

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NC: 2026:KHC:533 CRL.P No. 15864 of 2025

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HC-KAR

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petitioner has assaulted him with beer bottle on his shoulder and abused him and thereafter assaulted with broken beer bottle on his face, nose and when Mukunda came to rescue him, he assaulted him with a beer bottle with hands on his eyes and caused injuries. The discharge summary made available by the learned counsel for petitioner indicates that injured Anand has sustained tenderness over right shoulder, sutured wound over left side of face and nose. Another injured Mukunda has sustained sutured wound measuring 5x1 cm over left shoulder, tenderness present over nose and left eye has been swollen. As the injured have sustained severe injuries, the petitioner is not entitled for grant of discretionary relief of anticipatory bail. The delay in registering the FIR has been caused as both the injured are admitted in the hospital and their statements are taken after consulting the doctor as to the condition of the injured to give statement.

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