Dismissed¶42

Bharath S v. the State by

Anticipatory Bail – S.438 Cr.P.C / S.482 BNSS

Karnataka HC24 Feb 2026CRL.P/16160/2025

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What is this about?

Anticipatory bail dismissed — Karnataka HC (Bengaluru), Justice Shivashankar Amaranannavar, order dated 24-02-2026; CRL.P No. 16160/2025 under S.438 Cr.P.C/S.482 BNSS by accused No.1 Bharath S; Crime No.358/2025, Kaggalipura Police Station; offences under BNS Sections 74, 76, 132, 121(1), 115(2), 352, 351, 190; victim first informant a woman police constable in uniform; alleged outraging of modesty, snatching of mobile, assault on cheek; custodial interrogation urged by Addl. SPP Mohd. Ayub Ali; petition dismissed.

What did the court decide?

Considering that the allegation against the petitioner is of outraging the modesty of a woman when she was in uniform, and more so because the first informant is a woman police constable, the petitioner is not entitled to discretionary grant of anticipatory bail. ¶41

Bharath S Vs the State by — Anticipatory Bail | Karnataka HC (2026)

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NC: 2026:KHC:11519 CRL.P No. 16160 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16160 OF 2025 (438(Cr.PC) / 482(BNSS))

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BETWEEN:

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BHARATH S S/O SIDDARAJU AGED ABOUT 23 YEARS MUKKODLU VILLAGE THATTAGUPPE POST UTTARAHALLI HOBLI BANGALURU – 560 082.

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…PETITIONER

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(BY SRI CHANDAN B K, ADVOCATE FOR SRI PRAVEEN KUMAR R, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE BY KAGGALIPURA POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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…RESPONDENT

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(BY SRI MOHD. AYUB ALI, ADDL. SPP)

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THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED BY DIRECTING THE RESPONDENT THE STATE BY KAGGALIPURA POLICE STATION THROUGH THE II ADDITIONAL JUDICIAL MAGISTRATE TO RELEASE HIM ON BAIL IN THE EVENT OF HIS

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2 - NC: 2026:KHC:11519 CRL.P No. 16160 of 2025

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HC-KAR

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ARREST IN CR.No.358/2025, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 74, 76, 132, 121(1), 115(2), 352, 351, 190 OF BNS.

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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 482 of BNSS praying to grant anticipatory bail in Crime No.358/2025 of Kaggalipura Police Station registered for offences under Sections 74, 76, 132, 121(1), 115(2), 352, 351, and 190 of BNS.

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Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State.

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Learned counsel for the petitioner would contend that no serious overtact is alleged against this petitioner. The allegation made in the complaint is omnibus. The alleged overtact against accused persons is that they assaulted the first informant on her cheek and held her collar of the uniform, pushed her, snatched her

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3 - NC: 2026:KHC:11519 CRL.P No. 16160 of 2025

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HC-KAR

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mobile and gave her life threat. The said incident has been witnessed by the husband of the first informant and one Shankar. The petitioner is ready to cooperate with the Investing Officer in the investigation and abide by any conditions to be imposed by this Court. With this, he prays to allow the petition.

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Per contra, learned Additional SPP for the respondent –State would contend that the petitioner and other accused persons were consuming alcohol in the middle of the road by playing music in their car and it obstructed the passers on the road. The first informant questioned the same. At that time, the accused was quarreled with the first informant who is woman police constable and snatched her mobile, assaulted on her cheek, held her uniform and pushed her. The said incident has been witnessed by the husband of first informant by name Satish and another by name Shankar. The petitioner has outraged the modesty of woman more so government servant while in the uniform. The petitioner is required for

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NC: 2026:KHC:11519 CRL.P No. 16160 of 2025

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HC-KAR

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custodial interrogation. With this, he prays to reject the petition.

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Having heard learned counsels, the Court has

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perused the FIR, complaint and other materials placed on record.

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The first informant is woman police constable.

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After finishing her duty, when she was returning along with her husband and one Shankar in the car, on the road she saw seven to eight persons were consuming alcohol in the middle of the road by playing music system in the car in high sound. The first informant asked those persons, stating that it was causing inconvenience. At that time, accused persons quarreled with her, abused her, snatched her mobile phone, held her in collar of the uniform and assaulted on her cheek. Thereafter, threw the mobile phone and gave live threat and escaped from the spot. The allegation against the petitioner is outraging the modesty of woman when she was in uniform and more so when she is woman police constable. Considering the said

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