Karnataka High Court
Shri. Manjunath S/O Suresh Terdala vs The State Of Karnataka on 21 May, 2026
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CRL.P No. 100870 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
CRIMINAL PETITION NO. 100870 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. SHRI. MANJUNATH S/O. SURESH TERDALA
@ MANJUNATH TERADAL,
AGE: 29 YEARS, OCC: PRIVATE WORK,
R/O: WARD NO.5,
SIDRAMESHWAR COLONY,
MUDHOL, DIST.- BAGALKOTE - 587 313.
2. SHRI. MALLAPPA S/O. KASHEPPA GUDLAR
@ MALLU GUDLAR,
AGE: 28 YEARS, OCC: PRIVATE WORK,
R/O: WARD NO.5, SIDRAMESHWAR COLONY,
MUDHOL, DIST-BAGALKOTE - 587 313.
3. SHRI. VISHWA S/O. KRISHNA BAGI @ ISWAR
BHAGI,
AGE: 23 YEARS, OCC: PRIVATE WORK,
Digitally signed by
CHANABASAPPA K
R/O: WARD NO.5,
KALLUR
Location: HIGH
SIDRAMESHWAR COLONY,
COURT OF
KARNATAKA MUDHOL, DIST.-BAGALKOTE - 587 313.
DHARWAD BENCH
4. SHRI. ANAND S/O. SHIDDAPPA KATTIMANI
@ ANAND KATTIMANI,
AGE: 29 YEARS, OCC: PRIVATE WORK,
R/O: WARD NO.5,
SIDRAMESHWAR COLONY,
MUDHOL, DIST-BAGALKOTE - 587 313.
5. SHRI. SANTOSH S/O. KRISHNA BAGI,
@ SANTOSH BHAGI,
AGE: 29 YEARS, OCC: PRIVATE WORK,
R/O: WARD NO.5,
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CRL.P No. 100870 of 2026
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SIDRAMESHWAR COLONY,
MUDHOL, DIST-BAGALKOTE - 587 313.
6. SHRI. KIRAN S/O. BASAVARAJ KHANAPETH,
@ KIRAN KANPET,
AGE: 22 YEARS, OCC: PRIVATE WORK,
R/O: WARD NO.7, PAVANACHUKKI,
MUDHOL, DIST: BAGALKOTE - 587 313.
...PETITIONERS
(BY SRI R.H. ANGADI, ADV.)
AND:
THE STATE OF KARNATAKA,
(MUDHOL POLICE STATION),
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH DHARWAD - 580 011.
...RESPONDENT
(BY SRI AVINASH MALIPATIL, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. (U/SEC. 482 OF BNSS, 2023) PRAYING TO ISSUE A
DIRECTION TO THE MUDHOL POLICE STATION TO ENLARGE
THE PRESENT PETITIONERS, WHO ARE ARRAYED AS ACCUSED
NOS.1 TO 6 ON BAIL IN THE EVENT OF THEIR ARREST BY THE
MUDHOL POLICE IN THEIR P.S. CRIME NO. 72/2026 FOR THE
ALLEGED OFFENCES PUNISHABLE U/SEC. 189(2), 191(2),
191(3), 329(4), 115(2), 118(1), 118(2), 109(1), 352, 351(2)
R/W SECTION 190 OF BNS-2023. (U/SEC 142, 147, 148, 448,
323, 324, 326, 308, 504 AND 506 R/W 149 OF IPC) ON THE
FILE OF ADDL. CIVIL JUDGE AND CJM, MUDHOL, TO MEET THE
ENDS OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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CRL.P No. 100870 of 2026
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ORAL ORDER
This petition is filed under Section 438 of Cr.P.C.
(Section 482 of BNSS, 2023) seeking to enlarge accused
nos.1 to 6 on anticipatory bail in the event of their arrest
in Crime No.72 of 2026 registered by the respondent-
Police.
2. Sri R. H. Angadi, learned counsel appearing for
petitioners/accused Nos.1 to 6 at the outset submits that
presently he would not press this petition insofar as
accused No.1 is concerned. Submission is placed on
record. It is submitted that there is an altercation between
the accused persons and the complainant on 13.03.2026
and immediately accused filed the complaint with the
Police and similarly the complainant has also filed a
complaint against the accused persons with respondent-
Police. Both are registered as Crime Nos.72 and 73 of
2026. It is submitted that the entire allegation in the
complaint is against accused No.1 and taking the
averments of complaint on its face value, no case is made
out against the other accused persons for the offence
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punishable under Section 109(1) of the BNS, 2023. It is
admitted that the accused have no criminal antecedents
and they are law-abiding citizens and they are employed
in private organization and they are the bread earners of
their families and if they are apprehended in the aforesaid
crime, their families would suffer. Hence, he seeks
protection of granting anticipatory bail in the event of their
arrest.
3. Per contra, Sri Avinash Malipatil, learned counsel
appearing for the respondent-State vehemently opposed
the petition and submits that the case and counter case
though registered by the Police. However, if the injuries
suffered by the victim in Crime No.73 of 2026 perused
which are grievous in nature and these facts are required
to be taken note of and investigation is under progress,
and if the accused are granted protection of anticipatory
bail, there is likelihood of tampering the prosecution
witnesses. Hence, he seeks to dismiss the petition.
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4. I have heard the arguments of learned counsel for
petitioners, learned HCGP appearing for the respondent-
State and perused the material available on record.
5. The case of the prosecution is that one Sandeep
Narayan Kalal of Mudhol has filed written complaint with
the respondent-Police, stating that on 13.03.2026 at about
11 a.m., when the complainant and his brother were in
clothes shop, the accused persons went there having
armed with a knife, rod and club, and attacked the
complainant and his brother. It is the case of prosecution
that accused No.1-Manjunath stabbed the complainant
with a knife and caused grievous injuries and accused Nos.
2 to 4 assaulted him with iron rods, when the brother of
complainant Satish and Tousif Mulla tried to rescue him,
accused Nos.5 and 6 are also assaulted him. The
respondent-Police registered the crime as Crime No.72 of
2026 for the offences punishable under Sections 189(2),
191(2), 191(3), 329(4), 115(2), 118(1), 118(2), 109(1),
352, 351(2) read with Section 190 of the BNS Act 2023.
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The perusal of the complaint averments indicate that the
severe overt acts are alleged against accused No.1 with
regard to causing of injury on the complainant. Insofar as
allegation in the complaint with regard to other accused
are not in serious, and considering the averments in the
complaint, prima-facie, I am of the view that case under
Section 109(1) of BNS, 2023 is not made out against the
other accused persons. The learned HCGP has placed the
Wound Certificate issued by the Sharada Orthopedic
Specialty Hospital of the complaint, which indicates that
the injury suffered by the victim is of grievous nature. The
material placed by the prosecution indicate that there are
serious allegations against accused No.1 and considering
the said aspect, I am of the view that petition of other
accused deserves to be allowed by imposing conditions on
the accused persons.
6. For the aforementioned reasons, this Court
proceeds to pass the following :
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ORDER
(i) Petition is allowed in respect of petitioner/
accused Nos.2 to 6 are concerned.
(ii) The petitioner/accused Nos.2 to 6 are to be
enlarged on bail in the event of their arrest in
Crime No.72 of 2026 registered by the Mudhol
police for the offences punishable under
Sections 189(2), 191(2), 191(3), 329(4),
115(2), 118(1), 118(2), 109(1), 352, 351(2)
R/w Section 190 of BNS, 2023. (U/Sec. 142,
147, 148, 448, 323, 324, 326, 308, 504 and
506 R/w. Section 149 of IPC) subject to
following conditions:
(a) The petitioner/accused Nos.2 to 6 shall be
released on bail on their execution of
personal bond for a sum of ₹1,00,000/-
each with one solvent surety for the like
sum to the satisfaction of the concerned
Investigating Officer.
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(b) The petitioner/accused Nos.2 to 6 shall
not repeat the similar offences.
(c) The petitioner/accused Nos.2 to 6 shall
not temper with the witnesses of
prosecution.
(d) The petitioner/accused Nos.2 to 6 shall
surrender before the Investigating officer
on or before 11.06.2026 without fail and
they shall appear and provide attendance
before the Investigating Officer once in a
month, i.e. second Saturday between
09.00 a.m. to 05.00 p.m.
(e) The petitioner/accused Nos.2 to 6 shall
co-operate with the investigation.
(iii) The criminal petition pertains to accused No.1,
is rejected.
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
CKK List No.: 1 Sl No.: 14
