Karnataka High CourtCriminal LawCriminal Procedure and Evidence

Bail and anticipatory bail granted in cross-cases involving only simple injuries.

HARISH T.M.v.THE STATE OF KARNATAKA

Bail and anticipatory bail granted in cross-cases involving only simple injuries.. HARISH T.M. vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

Whether the petitioners in Crime No. 138/2026 should be enlarged on regular bail, having regard to the allegations, injuries, and circumstances of the incident.

The court held

Both petitions were allowed.

It also directed

The two petitioners in Crime No. 138/2026 were granted regular bail, subject to personal bonds of ₹1,00,000 each with two sureties, attendance at trial, non-interference with prosecution witnesses, refraining from similar offences, and not leaving the trial court’s jurisdiction without permission.

The petitioners in Crime No. 139/2026 were granted anticipatory bail, subject to appearing before the Investigating Officer within 15 days, executing personal bonds of ₹1,00,000 each with two sureties, attending trial, cooperating with the investigation, not tampering with witnesses, and refraining from similar offences.

01Facts

The petitions arose from a case and counter-case registered by Amruthur Police Station following a confrontation between parties who had existing civil disputes.

¶ 2

Crime No. 138/2026 alleged offences under Sections 76, 115(2), 119(1), and 351(2), read with Section 3(5), of the Bharatiya Nyaya Sanhita, 2023 (BNS); the two petitioners in that case had been arrested, and their regular-bail application was rejected by the Sessions Court.

¶ 2–3

Crime No. 139/2026 alleged offences under Sections 115(2), 118(1), 74, 119(1), 352, and 351(2), read with Section 3(5), BNS; the petitioners in that case sought anticipatory bail after their application was rejected by the Sessions Court.

¶ 4

The High Court noted that the injured persons had suffered only simple injuries and that the accused undertook to cooperate with the investigation.

¶ 5–6

02Issues

i.Whether the petitioners in Crime No. 138/2026 should be enlarged on regular bail, having regard to the allegations, injuries, and circumstances of the incident.

¶ 5–7

ii.Whether the petitioners in Crime No. 139/2026 should be granted anticipatory bail on the same considerations.

¶ 5–6, 8

03Law Applied

The Court considered the regular-bail petition under Section 439 of the Code of Criminal Procedure, 1973, stated in the petition to be filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the anticipatory-bail petition under Section 438 CrPC, stated to be filed under Section 482 BNSS.

¶ 3–4

The alleged offences were under the specified provisions of the BNS.

¶ 3–4

The order cites no precedent or extended legal test; it exercises bail discretion by considering the nature of the allegations, the background of the case and counter-case, the severity of the injuries, and the accused persons’ undertaking to cooperate with the investigation.

¶ 5–6

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 74Section 76Section 115Section 118Section 119Section 351Section 352

04Reasoning

The Court viewed the allegations in the context of a confrontation between parties with civil disputes and considered that both cases arose from the same incident.

¶ 1–2, 5

It found that none of the injured persons had sustained grievous injuries and that the injuries were simple; it also noted the accused persons’ undertaking to cooperate with the police.

¶ 5

Having regard to those circumstances and the nature of the allegations, the Court concluded that bail was warranted in both proceedings.

¶ 6

05Holding

Both petitions were allowed.

¶ 7

The two petitioners in Crime No. 138/2026 were granted regular bail, subject to personal bonds of ₹1,00,000 each with two sureties, attendance at trial, non-interference with prosecution witnesses, refraining from similar offences, and not leaving the trial court’s jurisdiction without permission.

¶ 7

The petitioners in Crime No. 139/2026 were granted anticipatory bail, subject to appearing before the Investigating Officer within 15 days, executing personal bonds of ₹1,00,000 each with two sureties, attending trial, cooperating with the investigation, not tampering with witnesses, and refraining from similar offences.

¶ 8
Karnataka High Court

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HARISH T.M.vsTHE STATE OF KARNATAKA

Karnataka High Court · October 12, 2026

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