Karnataka High CourtCriminal Procedure and EvidenceCriminal Law

Anticipatory bail granted where grievous assault allegations were confined to two co-accused.

NAGARAJA K Nv.THE STATE BY

Anticipatory bail granted where grievous assault allegations were confined to two co-accused.. NAGARAJA K N vs THE STATE BY. Karnataka High Court. LawLens
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In brief

The question

Whether accused No. 1 should be enlarged on regular bail in Crime No. 216/2026.

The court held

The Court dismissed Crl.P. No. 14907/2026 and dismissed Crl.P. No. 15201/2026 insofar as it concerned accused No. 2, but allowed it insofar as it concerned accused No. 3.

It also directed

Accused No. 3 was directed to be released in the event of arrest upon appearing before the Investigating Officer within 15 days, executing a personal bond of ₹1,00,000 with two sureties for the like sum, and complying with conditions concerning court attendance, cooperation with the investigation, non-interference with witnesses and non-involvement in similar offences.

01Facts

Crime No. 216/2026 was registered by Honnali Police Station on a complaint dated 14 August 2026 alleging that the accused had quarrelled with the complainant’s family over accusations of banana theft and that accused Nos. 1 and 2 later assaulted the injured victim, Anjaneya, on 13 August 2026.

¶ 3 · pp. 3–5

The victim reportedly suffered multiple grievous injuries, including fractures, and had been hospitalised for 15 days; at the hearing, the State informed the Court that he was again in hospital receiving treatment.

¶ 6–7 · p. 5

Accused No. 1’s application for regular bail and accused Nos. 2 and 3’s application for anticipatory bail had been rejected by the Sessions Court on 1 September 2026.

¶ 3–4 · pp. 3–4

The accused sought bail in the High Court under Sections 482 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

¶ 1 · p. 3

02Issues

i.Whether accused No. 1 should be enlarged on regular bail in Crime No. 216/2026.

¶ 3, 8 · pp. 3, 5–6

ii.Whether accused Nos. 2 and 3 should be granted anticipatory bail in the same crime.

¶ 4, 8 · pp. 4–6

03Law Applied

The petitions invoked Sections 482 and 483 of the BNSS, 2023, governing anticipatory and regular bail, respectively.

¶ 1 · p. 3

The alleged offences were under Sections 115(2), 118(1), 109, 126(2), 329(4), 351(2) and 352, read with Section 3(5), of the Bharatiya Nyaya Sanhita, 2023.

¶ 1 · p. 3

The Court cited no precedent or elaborated general bail test; its decision rested on the allegations, the roles attributed to the accused, and the seriousness and medical consequences of the assault.

¶ 5–8 · pp. 4–6

Provisions in the judgment · 12 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 438Section 439

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482Section 483

Bharatiya Nyaya Sanhita, 2023 Section 3Section 109Section 115Section 118Section 126Section 329Section 351Section 352

04Reasoning

The Court distinguished the accused according to the allegations and the relief sought.

¶ 5–8 · pp. 4–6

The FIR specifically attributed the 13 August assault to accused Nos. 1 and 2, and the victim’s multiple grievous injuries, fractures, prolonged hospitalisation and renewed admission weighed against granting bail to those accused.

¶ 5–8 · pp. 4–6

It therefore declined both accused No. 1’s regular-bail request and accused No. 2’s anticipatory-bail request.

¶ 8 · p. 6

It granted accused No. 3 anticipatory bail, subject to conditions.

¶ 8 · p. 6

05Holding

The Court dismissed Crl.P. No. 14907/2026 and dismissed Crl.P. No. 15201/2026 insofar as it concerned accused No. 2, but allowed it insofar as it concerned accused No. 3.

Order, clauses (i)–(ii) · p. 6

Accused No. 3 was directed to be released in the event of arrest upon appearing before the Investigating Officer within 15 days, executing a personal bond of ₹1,00,000 with two sureties for the like sum, and complying with conditions concerning court attendance, cooperation with the investigation, non-interference with witnesses and non-involvement in similar offences.

Order, clause (iii)(a)–(d) · pp. 6–7
Karnataka High Court

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NAGARAJA K NvsTHE STATE BY

Karnataka High Court · October 13, 2026

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