Dismissed¶55

Faran v. the State of Karnataka by

Karnataka HC27 Jan 2026CRL.P/16627/2025

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 Cr.P.C. / Section 482 BNSS refused - Karnataka High Court, CRL.P No. 16627 of 2025, Faran s/o Siraj v. State of Karnataka (Basavanahalli PS), decided 27-01-2026 by Shivashankar Amaranannavar J.: talwar assault in Crime No. 58/2025 (BNS 2023 ss. 352, 118(2), 109(1), 351(2), 189(4) r/w 190); grievous injuries including open skull fracture exposing brain tissue; offence punishable with imprisonment for life deemed heinous; contradictions between witness statements (S. 183 BNSS) not weighed at this stage; petition dismissed, bail denied.

What did the court decide?

The very act of the petitioner slashing a talwar on the neck of C.W.1 itself indicates his intention to commit the murder of C.W.1. ¶49

Faran Vs the State of Karnataka by — Anticipatory Bail | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether petitioner (accused No.2), charged in Crime No. 58/2025 of Basavanahalli Police Station, Chikkamagaluru for offences punishable under Sections 352, 118(2), 109(1), 351(2), 189(4) read with Section 190 of BNS, is entitled to anticipatory bail under Section 482 of BNSS.

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Court's answer

The very act of the petitioner slashing a talwar on the neck of C.W.1 itself indicates his intention to commit the murder of C.W.1.

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Ratio / Principle

Contradictions in the statements of C.W.1 and C.W.4 to C.W.6 cannot be considered at this stage, since the offence alleged against the petitioner is a heinous offence punishable with imprisonment for life.

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Key takeaways

Considering the above aspects, the petitioner has not made out any grounds for grant of the discretionary relief of anticipatory bail; in the result, the petition is dismissed.ratio¶54

Detailed headnote1 paragraphs

Karnataka HC (Shivashankar Amaranannavar J., 27-01-2026) dismisses Criminal Petition No. 16627 of 2025 filed under Section 438 Cr.P.C. / Section 482 BNSS seeking anticipatory bail for accused No.2 (Faran s/o Siraj) in Crime No. 58/2025 of Basavanahalli Police Station, Chikkamagaluru, charge-sheeted for offences under Sections 352, 118(2), 109(1), 351(2), 189(4) r/w 190 of BNS 2023 (corresponding to Sections 504, 307, 506, 144 read with 149 IPC). Charge sheet: accused Nos. 1-3 and 6 with juvenile accused Nos. 4 and 5 formed an unlawful assembly; with previous enmity, accused Nos. 1 and 2 assaulted C.W.2 with talwar causing six grievous injuries, including a cut incised wound over the scalp with open fracture of skull bone exposing brain tissue; C.W.1, coming to save C.W.2, sustained a grievous cut incised wound (1x4x2 cms) on the left palm while warding off the petitioner's talwar slash aimed at his neck. Held: slashing the talwar at C.W.1's neck evidenced intention to commit murder; contradictions between the Section 183 BNSS statements of C.W.1-C.W.2 and C.W.4-C.W.6 could not be considered at this stage as the offence is heinous and punishable with imprisonment for life. Petitioner made out no grounds for the discretionary relief of anticipatory bail; petition dismissed.

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NC: 2026:KHC:4255 CRL.P No. 16627 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 27^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16627 OF 2025 (438(Cr.PC) / 482(BNSS))

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BETWEEN:

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FARAN S/O SIRAJ AGED ABOUT 21 YEARS OCC: A.C. MECHANIC R/O NEAR WATER TANK GOWRIKALUVE CHIKKAMAGALURU -577 101.

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…PETITIONER

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(BY SRI P B UMESH, ADVOCATE FOR SRI R B.DESHPANDE, 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 OF KARNATAKA BY BASAVANAHALLI POLICE STATION BASAVANAHALLI CIRCLE CHIKKAMAGALURU DISTRICT - 577 101.

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(REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001).

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…RESPONDENT

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(BY SMT. WAHEEDA M M, HCGP)

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NC: 2026:KHC:4255 CRL.P No. 16627 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE CONCERNED POLICE OF BASAVANAHALLI POLICE STATION, CHIKKAMAGALURU DISTRICT TO ENLARGE THE PETITIONER/ACCUSED No.2 ON BAIL IN CRIME No.58/2025 OF BASAVANAHALLI POLICE STATION, CHIKKAMAGALURU DISTRICT (CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 352, 118(2), 109(1), 351(2), 189(4) R/W 190 OF BNS 2023 (CORRESPONDING PROVISIONS SECTIONS 504, 307, 506, 144 READ WITH 149 OF IPC).

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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. 2 under

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Section 482 of BNSS praying to grant anticipatory bail in

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Crime No. 58/2025 of Basavanahalli Police Station, Chikkamagaluru registered for offence punishable under Sections 352, 118(2), 109(1), 351(2), 189(4) read with Section 190 of BNS.

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Heard learned counsel for petitioner and

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learned HCGP for respondent - State.

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Learned counsel for petitioner would contend

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that the overt act alleged against the petitioner, as stated

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3 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025

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HC-KAR

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by C.W.4, C.W.5 and C.W.6 in their statements recorded

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under Section 183 of BNSS, is slashing of talwar on the neck of C.W.1. In order to protect himself C.W.1 had put his hand and sustained injury on the hand. Said injury is not on the vital part of the body. C.W.1 and C.W.2 in their statements recorded under Section 183 of BNSS have stated that this petitioner had also assaulted C.W.2 with a talwar and it is contrary to the statements of C.W.4 to C.W.6. Investigation is over. Charge sheet has been filed

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and therefore petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

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Per contra learned HCGP would contend that C.W.1 and C.W.2 who are injured have specifically stated the overt act of this petitioner assaulting C.W.2 with a talwar and causing grievous injury. C.W.2 had sustained 6 grievous injuries over vital parts of the body. Petitioner had attempted to commit murder of C.W.1 and C.W.2. Therefore petitioner is not entitled for grant of relief of

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NC: 2026:KHC:4255 CRL.P No. 16627 of 2025

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HC-KAR

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anticipatory bail. With this, he prayed to reject the petition.

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Having heard learned counsel for the parties

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this Court has perused the charge sheet and other materials placed on record.

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As per charge sheet accused Nos. 1 to 3 and 6,

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along with juvenile accused Nos. 4 and 5 were members of unlawful assembly and with previous enmity accused Nos. 1 and 2, with talwar, assaulted C.W.2 on his head, hand and body and caused severe injuries, and at that time C.W.1 came to save C.W.2 and the accused persons have assaulted C.W.1 with talwar on his head and caused grievous injury to hand. The wound certificate of C.W.1 indicates that he had sustained one cut incised wound over his left palm measuring 1x4x2 cms and it is grievous injury. Wound certificate of C.W.2 indicates that he had sustained 6 injuries and all are stated to be grievous in nature. One of the injuries sustained by C.W.2 is a cut incised wound over his scalp and there was an open

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5 - NC: 2026:KHC:4255 CRL.P No. 16627 of 2025

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HC-KAR

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fracture of skull bone exposing brain tissue. In the statement of C.W.1 and C.W.2 recorded under Section 183 of BNSS, they have specifically stated the overt act of this petitioner assaulting with talwar to C.W.2. C.W.4 to C.W.6 in their statements have only stated that petitioner assaulted C.W.1 with talwar and at that time he had sustained injury on the left palm. The allegation against petitioner – accused No. 2 in the statements of C.W.4 to C.W.6 is that he slashed a talwar on the neck of C.W.1 and

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in order to save himself C.W.1 had put his left hand and sustained cut incised wound on his left palm. The very act of petitioner slashing talwar on the neck of C.W.1 itself indicates his intention to commit the murder of C.W.1. Contradictions in the statements of C.W.1 and C.W.4 to C.W.6 cannot be considered at this stage, since offence alleged against the petitioner is a heinous offence punishable with imprisonment for life.

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NC: 2026:KHC:4255 CRL.P No. 16627 of 2025

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HC-KAR

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