DARSHAN S/O. SURESH BORADE, vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18634
CRL.P No. 102927 of 2026
CNR: KAHC020195872026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102927 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
1. DARSHAN S/O. SURESH BORADE,
AGE: 20 YEARS, OCC: B. A. STUDENT,
R/O. WARD NO.5, JANATA PLOT,
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
2. AKSHAY S/O. SHETEPPA KAMBALE,
AGE: 19 YEARS, OCC: STUDENT,
R/O. WARD NO.5, JANATA PLOT,
MUDHOL-587313,
TQ: MUDHOL, DIST: BAGALKOT.
3. PRAJWAL S/O. VIJAY PAWAR,
AGE: 18 YEARS, OCC: STUDENT,
R/O. WARD NO.5, JANATA PLOT,
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
4. KIRAN S/O. VITHAL KOPARDE
(SHOWN IN THE FIR AS
“KIRAN VITHAL BORADE”)
AGE: 22 YEARS, OCC: COOLIE,
R/O. WARD NO.5, JANATA PLOT,
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court
of Karnataka, Dharwad
Bench, Dharwad
5. RAHUL S/O. SANJAY BORADE,
AGE: 23 YEARS, OCC: COOLIE,
R/O. WARD NO.5, JANATA PLOT,
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HC-KAR
NC: 2026:KHC-D:18634
CRL.P No. 102927 of 2026
CNR: KAHC020195872026
MUDHOL-587313, TQ: MUDHOL,
DIST: BAGALKOT.
… PETITIONERS
(BY SRI. SRINIVAS NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH MUDHOL POLICE STATION,
MUDHOL, DIST: BAGALKOT,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
… RESPONDENT
(BY SRI. DAYANAND SANGRESHI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
2023, PRAYING TO ALLOW THE PETITION, AND GRANT
ANTICIPATORY BAIL TO THE PETITIONERS, AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONERS
(ACCUSED NOS. 1, 2, 4, 5 AND 6) ON BAIL IN THE EVENT OF
THEIR ARREST IN CRIME NO. 262/2026 OF MUDHOL POLICE
STATION, REGISTERED FOR OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 191(3), 109(1), 115(2), 118(2),
352 AND 351(2) READ WITH SECTION 190 OF THE BHARATIYA
NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE ADDL.
CIVIL JUDGE (SR. DN.) AND CJM COURT, MUDHOL.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2026:KHC-D:18634
CRL.P No. 102927 of 2026
CNR: KAHC020195872026
ORAL ORDER
Heard learned counsel for the petitioners and the learned
High Court Government Pleader for respondent – State.
2. The petitioner/accused No.1, 2, 4 to 6 have filed
this petition under Section 438 of Cr.P.C., [482 of Bharatiya
Nagarik Suraksha Sanhita, 2023] seeking to grant anticipatory
bail in Crime No.262/2026 by the respondent/Mudhol Police
station, District Bagalkot, registered for the offences punishable
under Sections 189(2), 191(2), 191(3), 109(1), 115(2),
118(2), 352 and 351(2) read with Section 190 of the Bharatiya
Nyaya Sanhita, 2023 (for short ‘BNS, 2023’), pending on the
file of learned Additional Civil Judge (Sr.Dn.) and CJM Court,
Mudhol.
3. The brief facts of the prosecution case in the
nutshell is as under:-
On 11.09.2026, the defacto complainant lodged the
complaint alleging that on 01.09.2026 at about 08:45 p.m.
these petitioners assaulted the victim by name Sindhur with
hands and legs abused him in filthy language and also made
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CRL.P No. 102927 of 2026
CNR: KAHC020195872026
criminal intimidation to eliminate him. Hence, he was admitted
to hospital on the same day, thereafter he discharged from the
hospital and on 11.09.2026. Hence, the defacto complainant
lodged the complaint.
4. Based on the complaint, the respondent-police
registered the case and the Investigating Officer took up the
investigation. Apprehending the arrest at the hands of
respondent-police, these petitioners have filed this petition.
5. Learned counsel for the petitioners vehemently
contended that these petitioners are falsely implicated in the
case and they have not committed any offence. Though the
alleged incident occurred on 01.09.2026, the complaint was
lodged after 10 days of the incident. Hence, there is delay in
lodging the complaint. Secondly, these petitioners have not
assaulted with any deadly weapons and there is scuffle
between the parties. Thirdly, the injured is already discharged
from the hospital. Hence, there is no threat to his life. The
petitioners are permanent residents of the addressed shown in
the cause title and they are students and coolie undertaking to
abide the conditions to be imposed by this Court. Hence,
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NC: 2026:KHC-D:18634
CRL.P No. 102927 of 2026
CNR: KAHC020195872026
learned counsel for the petitioners prayed to grant anticipatory
bail.
6. Per contra , learned HCGP filed memo along with CD
file and wound certificate of the injured and contended that
there is prima facie allegation against the petitioners and they
are involved in an offence attempt to murder. Hence, learned
HCGP prayed for dismissal of the petition.
7. The perusal of the material available on record, it
clearly demonstrated that on 01.09.2026, these petitioners
picked up a quarrel with the injured by name Sindhur and
assaulted him with their hands and legs on his head and other
parts of the body and he sustained injury and thereafter he was
shifted to Mudhol Hospital for treatment.
8. The medical report reveals that the injured Sindhur
was admitted to the hospital on 03.09.2026 and was
discharged on 16.09.2026. According to the medical certificate,
the injured sustained abrasion over left zone, an abrasion over
lateral aspect of the left frontal region of the left eye, and a
small acute soft tissue injury on the right side and injury No.1
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and 2 are simple and injury No.3 is grievous in nature. The
medical records further indicate that the injured is no longer in
danger and has been discharged from the hospital.
9. It is contended by the learned counsel for the
petitioners that since the injured is no longer in danger, Section
307/109(1) of BNS, 2023 attempt to murder should not be
applicable. Admittedly, the injuries sustained by the injured
though grievous, do not warrant a charge of attempted murder
as the petitioners have not used any deadly weapons.
Therefore, considering the nature and gravity of the offences,
the antecedents of the petitioners and the fact that these
petitioners are students and coolie and the victim has already
been discharged from the hospital and is out of danger, the
Court finds that the petitioners may be admitted to anticipatory
bail.
10. Accordingly, I proceed to pass the following:
O R D E R
allowed
Criminal petition is . The respondent-Police are
directed to release the petitioners/accused Nos.1, 2 and 4 to 6
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on bail in the event of their arrest in connection with Crime
No.262/2026 of Mudhol Police Station, registered for the
offences punishable under Sections 189(2), 191(2), 191(3),
109(1), 115(2), 118(2), 352 and 351(2) read with Section 190
of the Bharatiya Nyaya Sanhita, 2023, pending on the file of
learned Addl. Senior Civil Judge and CJM Court, Mudhol,
Bagalkote District, subject to the following conditions:
i. The petitioners shall execute a personal bond in
a sum of Rs.1,00,000/- each (Rupees one lakh
only) with one surety each for the likesum to the
satisfaction of the Investigating Officer/Station
House Officer;
ii. The petitioners shall surrender themselves
before the Investigating Officer/Station House
Officer within fifteen days from the date of
receipt of a certified copy of this order;
iii. The petitioners shall appear before the
Jurisdictional Court on all date of hearing
without fail;
iv. The petitioners shall not tamper with the
prosecution witnesses directly or indirectly;
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v. The petitioners shall mark their attendance
before Investigating Officer/Station House
Officer on the first Sunday of every month
between 10.00 a.m. and 5.00 p.m. for a period
of six months or till filing of charge-sheet,
whichever is earlier, and
vi. The petitioners shall not indulge in any offences
in future.
If any of the above conditions are violated, the
prosecution is at liberty to move the Court for cancellation of
bail.
It is made clear that above observation made herein are
only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
Para-1 & 2- AM,
Para 3 to end- CLK
CT:GSM
LIST NO.: 1 SL NO.: 13