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Judgment
Accused no.1 in Crime No.178/2026 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 189(2), 191(2), 191(3), 331, 118(2), 351(2) & 352, 324, 190, 49, 109(1) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS Act, 2023, seeking anticipatory bail.
Heard the learned Counsel for the parties.
FIR in Crime No.178/2026 was registered by the Bannerghatta Police Station, Bengaluru District, for the aforesaid offences against petitioner herein and others, based on first information dated 24.07.2026, received from Smt. Divya, who is the sister of accused no.1 - Suman. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.5396/2026 before the jurisdictional Sessions Court which was rejected on 06.08.2026. Therefore, he is before this Court.
First informant is the sister of the petitioner herein and accused no.2 is the wife of petitioner herein. It appears that, there is a civil dispute between the parties and the allegation as against the petitioner is that at the instance of accused no.3, petitioner along with other accused had committed the crime.
Learned HCGP fairly submits that victims have suffered only simple injury in the incident in question that had taken place on 24.07.2026.
Accused no.3 as against whom the allegation of instigating the other accused to commit the crime, has granted anticipatory bail by this Court in Crl.P.No.12297/2026 disposed of on 13.08.2026. Considering the nature of the allegations as against the petitioner, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail required to be answered affirmatively. Accordingly, the following order:
The Criminal 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.178/2026 registered by Bannerghatta Police Station, Bengaluru District for offences punishable under Sections 189(2), 191(2), 191(3), 331, 118(2), 351(2) & 352, 324, 190, 49, 109(1) of BNS, 2023, subject to the following conditions:
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.