Karnataka High Court
Madhusudan vs State Of Karnataka on 12 March, 2026
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NC: 2026:KHC:14696
CRL.P No. 727 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 727 OF 2026
(439(Cr.PC) / 483(BNSS)-)
BETWEEN:
1. MADHUSUDAN
S/O. NANDA KUMAR
AGED ABOUT 26 YEARS,
RESIDING AT NO.11,
6TH CROSS, 6TH MAIN,
MOHAN KUMAR NAGAR,
Digitally YESHWANTHAPURA,
signed by
SREEDHARAN BENGALURU-560 022.
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of ...PETITIONER
Karnataka
(BY SRI. MANJUNATHA B. V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VIDYARANYAPURA P.S.
BENGALURU,
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NC: 2026:KHC:14696
CRL.P No. 727 of 2026
HC-KAR
REP. BY STATE
PUBLIC PROSECUTOR,
HIGH COURT BUILDING COMPLEX,
BENGALURU-560 001.
...RESPONDENT
(BY SMT. ANITHA GIRISH N. HCGP)
---
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON
BAIL IN CR.NO.401/2025 OF VIDYARANAYAPURA P.S. FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 109,
115(2), 351(2), 352, 324(4), 190 OF THE BNS, 2023 AND
SECTION 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY
ACT, 25(1B) ARMS ACT 1959, PENDING ON THE FILE OF
HONBLE VII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT
BENGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:14696
CRL.P No. 727 of 2026
HC-KAR
ORAL ORDER
1. The petitioner is arraigned as accused No.2 in Crime No.401/2025 of respondent/police for the offences punishable under Sections 109, 115(2), 351(2), 352, 324(5), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 25(1B)(b) of Arms Act, 1959. The petitioner is seeking for regular bail.
Brief facts of the case:
2. The case of the prosecution is that the complainant was working as a Security Guard at Mookambika India Oil Fuel Station at Ramachandrapura Main Road. It is alleged that, on 21.11.2025, at about 11.00 p.m., when he was discharging his duty, one Maruthi WagonR bearing Reg. No.KA-03-AM-3079 came from BEL Circle road. In the meantime, a motorcycle bearing Reg. No. KA-13-K-4888 came with high speed in a rash and negligent manner and dashed to the car, as a -4- NC: 2026:KHC:14696 CRL.P No. 727 of 2026 HC-KAR result of which, the car got damaged. There was a quarrel between the driver of the car and the rider of the bike. The driver of the car had to stay there as the car did not start. In the meantime, the rider of the motorcycle went to his house and brought five to six persons including men and women, as soon as they came to the spot, they started quarrelling with the driver of the car. Additionally, another three persons came on behalf of the rider of the scooter and were quarrelling with the driver of the car and assaulted him. It is further stated that, some of the persons who had accompanied the rider of the motorcycle tried to throw size stones on the head of the driver of the car to kill him. However, the driver of the car escaped from their clutches and ran away from the spot. Thereafter, they got damaged the car bonnet and also damaged the front glass of the car. When the complainant planned to inform the police, one of the members of the mob assaulted the complainant with stone and tried to kill the complainant. Thereafter, the complainant ran away -5- NC: 2026:KHC:14696 CRL.P No. 727 of 2026 HC-KAR from the spot and informed the owner of the petrol bunk and thereafter, lodged the complaint.
3. Based on the complaint, the respondent/police have registered a case and conducted investigation and the investigation is under progress.
4. Heard Sri Manjunatha B.V., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent - State.
5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. Though the averments in the complaint would indicate that the injured had sustained severe injuries all over his body, the fact remains that, no wound certificate has been produced to substantiate the said allegation. It is further contended that the petitioner has been falsely implicated in the case only in order to take revenge by the police officials in connection with other cases. -6-
NC: 2026:KHC:14696 CRL.P No. 727 of 2026 HC-KAR
6. It is also submitted that no test identification parade was conducted. Even assuming that the allegations of the complainant are to be true, in the absence of any medical report, it cannot be inferred that the petitioner had an intention to commit murder of the injured. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such admissions, he prays to allow the petition.
7. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner is a habitual offender. There are three cases pending against him. If the petitioner is enlarged on bail, there may be chances of committing similar offences. Hence, it is not appropriate to grant him bail. Making such submissions, she prays to reject the petition.
8. Heard the learned counsel for the respective parties and perused the averments of the complaint. It appears that a quarrel had taken place between the car -7- NC: 2026:KHC:14696 CRL.P No. 727 of 2026 HC-KAR driver and the bike rider. It is also noticed that the bike rider had called his friends, who allegedly assaulted the complainant and also driver of the car.
9. It is further stated that they damaged the car as well as the public property. However, the prosecution has failed to produce the wound certificate to establish the nature and gravity of the injuries said to have been caused to the complainant and another. Having considered the same, it is appropriate to grant him bail by imposing suitable conditions. Hence I proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be enlarged on bail in Crime No.401/2025 of respondent/police for the offences punishable under Sections 109, 115(2), 351(2), 352, 324(5), 190 of Bharatiya Nyaya Sanhita, 2023 and Section 3 of Prevention of Damage to Public Property Act, and Section 25(1B)(b) of Arms Act, 1959, on executing personal bond for a sum of -8- NC: 2026:KHC:14696 CRL.P No. 727 of 2026 HC-KAR Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court.
(iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
(iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.
(v) The petitioner shall not indulge in any criminal cases till disposal of the case.
In the event, if the petitioner commits any single offence, the prosecution is liberty to file an application seeking for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 28