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CDJ 2026 Kar HC 093 print Preview print print
Court : High Court of Karnataka
Case No : Criminal Petition No. 16153 Of 2025 (438(Cr.PC) / 482(BNSS))
Judges: THE HONOURABLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Parties : Dhanush Naik @ Dhanu Versus State Of Karnataka, Rep. By State Public Prosecutor, Bengaluru
Appearing Advocates : For the Petitioner: B.V. Manjunatha, Advocate. For the Respondent: M.M. Waheeda, HCGP.
Date of Judgment : 27-01-2026
Head Note :-
Criminal Procedure Code - Section 438 -

Comparative Citation:
2026 KHC 4162,
Judgment :-

(Prayer: This Crl.P is filed under Section 438 Cr.P.C (under Section 482 BNSS) praying to grant Anticipatory Bail by directing the respondent police to enlarge him on bail in the event of his arrest in Cr.No.393/2025 of Subramanyapura P.S., for the offences punishable under Sections 103(1) r/w 3(5) of BNS.)

Oral Order

1. This petition is filed by the petitioner -accused No.4 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.393/2025 of Subramanyapura Police Station registered for offences punishable under Sections 103(1) read with 3(5) of BNS.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.

3. Learned counsel for the petitioner would contend that the petitioner is juvenile and his date of birth is 31.05.2010 as per his birth certificate. The study certificate issued by the school authority indicates that his date of birth is 31.05.2010. The alleged date of offence is between 25.10.2025 to 27.10.2025 and as on the said date the petitioner was juvenile. The complaint does not indicate any specific overtact against this petitioner. Accused Nos. 1 to 3 and 5 have been granted regular bail by the Juvenile Justice Board. The petitioner is studying in 9th standard and if he is kept in custody it will affect his education. The petitioner has been implicated only on the ground that accused No.1 is his elder brother who had affair with accused No.5. With this, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the allegation against the petitioner is committing the murder of Smt.Netravati -the mother of accused No.5. The voluntary statement of accused No.1 indicates the involvement of the petitioner in commission of murder of Smt.Netravati. The investigation is in progress. The petitioner is required for custodial interrogation. With this, she prayed to reject the petition.

5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record.

6. As per complaint, the allegation against the petitioner is that he along with other accused persons committed the murder of Smt. Netravati, the mother of accused No.5. In the averments of complaint, there is no specific overtact alleged against this petitioner. The allegation in the complaint is omnibus allegation against all the accused persons. As per birth certificate, the date of birth of the petitioner is 31.05.2010. The petitioner is stated to be studying in 9th standard. Accused Nos.1 to 3 and 5 have been granted bail by the Juvenile Justice Board. The petitioner is also placed similarly to that of other accused persons who have been granted bail. The petitioner is undertaking to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. Considering the above aspect, the petitioner has made out case for grant of anticipatory bail with conditions.

7. In the result, the following

          ORDER

          i) The petition is allowed.

          ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.393/2025 of Subramanyapura Police Station registered for offences punishable under Sections 103(1) read with 3(5) of BNS, subject to following conditions:

          a) The petitioner -accused No.4 shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

          b) The petitioner -accused No.4 shall co- operate with the police in the investigation and appear before the police whenever called for.

          c) The petitioner -accused No.4 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence.
 
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