Kantharaju Vs State of Karnataka

THIS CRL.P. IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.27/2026 REGISTERED BY MASTI P.S., KOLAR DISTRICT, FOR THE OFFENCES P/U/S 109(1),126(2),352 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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NC: 2026:KHC:28199 CRL.P No. 4952 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.27/2026 registered by the Masti Police Station, Kolar, for the offences punishable under Sections 109(1), 126(2), 352 r/w 3(5) of BNS, 2023, is before this Court in this Criminal Petition filed under Section 482 of BNSS seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.27/2026 was registered by the Masti Police Station, Kolar, for the aforesaid offences alleged against the petitioner and another based on the first information dated 22.02.2026 received from Srinath R., who is the alleged victim in the present case. Apprehending arrest in the present case, petitioner had filed Crl.Misc.No.180/2026 before the jurisdictional Sessions Court, which was rejected on 18.03.2026. Therefore, he is before this Court.

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In the first information dated 22.02.2026 filed by the injured victim, he has stated that he and the accused persons were known to each other. On 21.02.2026, he and his friend

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3 - NC: 2026:KHC:28199 CRL.P No. 4952 of 2026

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had gone to a local Bar for the purpose of consuming the alcohol. The accused persons named in the FIR were also present in the said Bar and they had requested the first informant to provide them liquor. Since, the first informant and his friend had refused to provide them liquor, they allegedly quarrelled with them. Subsequently, when the first informant and his friend were returning from Bar, accused persons followed them and in the background of their quarrel, which had taken place earlier in the Bar, the accused persons allegedly confronted the first informant and after quarrelling with him, assaulted him causing injuries. Allegation against the petitioner is that the petitioner took out a knife and assaulted

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the injured victim causing blood oozing injuries. Wound certificate of the injured victim Srinath R., is made available to the Court by learned Additional SPP. The injured was treated as outpatient and two injuries suffered by him were simple in nature. The first injury is a lacerated injury and second one is an abrasion. Petitioner has undertaken to co-operate with the police for the purpose of investigation. Accused No.2 has been granted anticipatory bail by this Court in Crl.P. No.4995/2026. Under these circumstances, I am of the view that petitioner's

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NC: 2026:KHC:28199 CRL.P No. 4952 of 2026

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prayer for grant of anticipatory bail is to be answered in the affirmative.

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The petition is allowed. The respondent – Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.27/2026 registered by the Masti Police Station, Kolar, for the offences punishable under Sections 109(1), 126(2), 352 r/w 3(5) of BNS, 2023, subject to the following conditions:

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a) The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

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b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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c) Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.

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