Sri Ajay Chacko Vs the State of Karnataka

SRI. SANDEEP KUMAR B., AGED ABOUT 36 YEARS, S/O G.BALARAMAN R @ 1691, 1^ST FLOOR, 2^ND MAIN ROAD, 3^RD CROSS, SHIVARAMAIAH LAYOUT, NEAR PETROL BUNK, ST. THOMAS TOWN, BENGALURU-43

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(BY SRI SAMPREETH V., ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA, THROUGH BANASWADI POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE 560001.

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…RESPONDENT

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(BY SRI RANGASWAMY R. HCGP)

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NC: 2026:KHC:27579 CRL.P No. 5883 of 2026

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HC-KAR

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THIS CRL.P. IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE CRIMINAL PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF HIS ARREST IN CRIME No.177/2026, BANASAWADI P.S. THE OFFENCES PUNISHABLE UNDER SECTIONS 118(1),352 R/W 3(5) OF THE BNS IN ANNEXURE A (FIR) AND ANNEXURE B (COMPLAINT) DATED 09.03.2026 PENDING ON THE LEARNED XIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU (CCH-22).

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.4 in Crime No.177/2026 registered by the Banaswadi Police Station, Bengaluru, for the offences punishable under Sections 118(1), 352, 118(2) and 109(1) read with Section 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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3 - NC: 2026:KHC:27579 CRL.P No. 5883 of 2026

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HC-KAR

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FIR in Crime No.177/2026 was registered by the Banaswadi Police Station, Bengaluru, initially for the offences punishable under Sections 118(1), 352 r/w 3(5) of BNS, 2023 against four unknown persons and others based on the first information dated 09.03.2026 received from Smt. Preethi, who is the wife of injured victim Sri. S. Murugan. Apprehending arrest in the present case, petitioner who was shown as accused No.4 in the FIR had approached the jurisdictional Sessions Court in Crl.Misc.No.25272/2026, which was rejected on 26.03.2026. Therefore, petitioner No.2/accused No.4 is before this Court.

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In the first information, which is submitted by the wife of the injured victim, she has stated that when her husband S. Murugan, who is the victim in the present case, had gone to the saloon, four persons wearing helmets entered the saloon and had assaulted her husband causing grievous injuries and thereafter escaped from the spot. She has stated that her husband who was in the real-estate business had some differences with petitioner and others named in the FIR and

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4 - NC: 2026:KHC:27579 CRL.P No. 5883 of 2026

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HC-KAR

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therefore, she suspected the hand of the petitioner in the present case.

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During the course of investigation, some of the accused have been arrested in the present case. In the remand application, petitioner is now shown as accused No.8. Police records would reveal that accused by name Parthiban, Daniel, Arun and Sharath Kumar had entered the saloon on the alleged date of incident and assaulted Murugan. Allegation against the other accused is that they had conspired with the aforesaid four accused and in-furtherance of such conspiracy, the aforesaid four accused had assaulted Murugan inside the saloon on the alleged date of incident. Daniel and Sharath Kumar, who are the two of he assailants had approached this Court in Crl.P. No.7409/2026 seeking regular bail and their petition has been allowed by the co-ordinate bench of this Court on 29.05.2026. Undisputedly the petitioners were not present at the scene of crime and they have not assaulted the victim. Injured victim has been discharged and his condition is said to be stable. It is stated by the learned counsel for the petitioners that the petitioners have no other criminal antecedents. Under these

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NC: 2026:KHC:27579 CRL.P No. 5883 of 2026

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HC-KAR

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circumstances, I am of the view that their 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 petitioners in the event of their arrest in Crime No.177/2026 registered by the Banaswadi Police Station, Bengaluru, for the offences punishable under Sections 118(1), 352, 118(2) and 109(1) read with Section 3(5) of BNS, 2023, subject to the following conditions:

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a) The Petitioners 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 each for the likesum to the satisfaction of the investigating officer.

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

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

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NC: 2026:KHC:27579 CRL.P No. 5883 of 2026

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HC-KAR

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d) The petitioners shall not involve in similar offences in future.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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VBS List No.: 1 Sl No.: 52

Sri Ajay Chacko v. the State of Karnataka

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Sri Ajay Chacko v. the State of Karnataka

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