Karnataka High Court
Sri Sharan @ Akash Bhavan Sharan vs The State Of Karnataka on 17 September, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:37195
CRL.P No. 10203 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 10203 OF 2025
BETWEEN:
SRI. SHARAN @ AKASH BHAVAN SHARAN
AGED ABOUT 39 YEARS,
S/O LATE SADASHIVA POOJARY,
R/AT DOOR NO.4-107, MANIKANTA NILAYA,
ANAND NAGARA, AKASHA BAVANA,
MANGALURU, DAKSHINA KANNADA.
...PETITIONER
(BY SRI. ARUN SHYAM, SENIOR ADVOCATE FOR
SRI. SUYOG HERELE E., ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH MANGALURU SOUTH PS,
Digitally
REPRESENTED BY SPP,
signed by HIGH COURT OF KARNATAKA BUILDING,
LAKSHMI T
BENGALURU-560 001.
Location:
High Court ...RESPONDENT
of Karnataka (BY MS. ASMA KOUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND
DIRECT THE RESPONDENT MANGALURU SOUTH P.S. TO
RELEASE / ENLARGE THE PETITIONER ON REGULAR BAIL IN
CONNECTION WITH CRIME NO.4/2024 REGISTERED BY
RESPONDENT P.S. FOR THE ALLEGED OFFENCE PUNISHABLE
UNDER SECTIONS 353, 332, 307 OF IPC, 1860, PENDING ON
THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE,
MANGALURU.
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NC: 2025:KHC:37195
CRL.P No. 10203 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The petitioner, sole accused in Crime No.4/2024 of
Mangaluru South Police Station, in judicial custody from
09.01.2024, has preferred this petition to enlarge him on
bail.
2. Learned Sessions Judge has dismissed the
petition seeking bail, vide order dated 26.06.2025 passed
in S.C.No.85/2024.
3. Heard the learned Senior counsel appearing for
the petitioner, learned Addl. SPP for the State and perused
the material on record.
4. Learned Addl. SPP has filed a detailed
statement of objections opposing the prayer for bail.
5. FIR is registered against the petitioner for the
offence punishable under Section 353, 332 and 307 of IPC,
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on a complaint lodged by the PSI, City Crime Branch,
Mangaluru City.
6. Chargesheet has been filed. Case is committed
and pending before the VI Additional District and Sessions
Judge, D.K., Mangaluru in S.C.No.85/2024.
7. Petitioner is accused of obstructing the police
personnel, when they tried to apprehend him and alleged
to have attempted on the life of CW2 - Prakash (PC 3067).
8. The facts which are not in dispute are that the
petitioner was an accused in S.C.No.152/2011, tried
before the V Additional Sessions Court, Puttur. He was
acquitted in the said case. Acquittal order was challenged
by the State in Crl.A No.870/2017 before this Court. As he
was convicted by this Court and also wanted in other
criminal cases, the Police attached to CCB, Mangaluru
went to apprehend him on 09.01.2024, on being tipped
about his whereabouts. It is alleged that when the Police
tried to apprehend him, he obstructed them from
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discharging their duty and tried to assault the police with a
knife and caused injuries to CW2 - Prakash, a Police
Constable. The police opened fire, as self-defence,
resulting in petitioner sustaining gunshot injuries to his
leg. He was then taken to Father Muller's Hospital in
Mangaluru for treatment.
9. Learned Additional SPP has contended that
petitioner is a notorious criminal, involved in as many as
25 criminal cases, out of which 12 cases are still pending.
She contended that in the present case, there are 14
Police personnel who were present and witnessed the
incident and in the event of grant of bail, there is eminent
danger to the prosecution witnesses. She contended that
petitioner is part of an organized criminal conspiracy, he is
capable of destroying the evidence, influencing and
threatening the witnesses and therefore, he is not entitled
for bail. She further contended that the accused
deliberately evaded arrest despite several arrest warrants
issued against him and in the present case, when the
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Police surrounded him and ordered to surrender, he
threatened them holding a knife and attempted on the life
of one of the Police, causing bleeding injuries to his right
shoulder. Hence, the Police resorted to the use of force
and as a self-defence to protect themselves, opened fire,
initially in the air and then on the leg of petitioner.
10. Learned Senior counsel appearing for the
petitioner contended that the entire allegations are false
and the petitioner is innocent of the offence alleged
against him. He contended that the Police have registered
a false case against him alleging that he has obstructed
them from discharging their duties and tried to assault
them etc. He contended that the Hon'ble Apex Court has
allowed the appeal preferred by the petitioner against the
judgment and order of conviction and sentence passed by
this Court in Crl.A No.870/2017 and acquitted him in Crl.A
No.3399/2024 vide judgment dated 09.05.2025. He
further contended that the petitioner is in judicial custody
since 09.01.2024, the injury allegedly sustained by CW2 is
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simple in nature. He contended that all the witnesses are
Police officials and therefore, question of tampering the
evidence or witnesses will not arise, even otherwise the
petitioner will undertake to abide by any conditions which
may be imposed by the Court.
11. The case of the prosecution is that on
09.01.2024 at about 4.00 PM, when the police went to
apprehend the petitioner, he obstructed them from
discharging their duties and assaulted one of them with a
knife and caused bleeding injuries to him. The police then
opened fire to apprehend the petitioner and they were
finally able to apprehend him. Petitioner was treated for
the gunshot injuries sustained by him. He is in custody
from 09.01.2024.
12. It is not in dispute that the appeal preferred by
the petitioner before the Hon'ble Apex Court challenging
the judgment of conviction and sentence passed by this
Court, reversing the judgment of acquittal passed by the
Sessions Court, has been allowed and petitioner has been
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acquitted of the charges levelled against him in SC
No.1232/2011. It is the contention of the State that
several cases are registered against the petitioner and
therefore, if he is released on bail, he may once again
indulge in criminal activities and flee from Justice etc. The
learned Senior counsel submits that among the cases
registered against him, 15 cases are ended in either
acquittal, discharge or quashing. It is further contended
that the allegations made in the present case are entirely
false and there being about 15 Police personnel present, it
is difficult to believe that the petitioner tried to attack
them etc.
13. Investigation is completed and chargesheet has
been filed. 60 witnesses are cited in the chargesheet. The
material witnesses are police officials. Petitioner has been
in judicial custody since 09.01.2024. Charges are not yet
framed. The conclusion of trial may take considerable
time. The allegations that the petitioner has obstructed
the Police and tried to attack on of them with a knife etc.,
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is a matter which has to be established in a full fledged
trial. It is not in dispute that CW2 has sustained one
simple injury. In that view of the matter, by imposing
stringent conditions, petitioner can be enlarged on bail.
Accordingly, the following:
ORDER
(i) Petition is allowed.
(ii) Petitioner/accused shall be released on bail in
S.C.No.85/2024 pending before the VI Additional District
and Sessions Judge, D.K., Mangaluru, arising out of Crime
No.4/2024 of Mangaluru South Police Station, subject to
following conditions:
1. He shall execute a personal bond in a sum
of Rs.2,00,000/- (Rupees Two Lakhs only)
with two solvent sureties for the likesum
to the satisfaction of the jurisdictional
Court.
2. He shall furnish proof of his residential
address and shall inform the Court, if
there is change in the address.
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3. He shall not directly or indirectly tamper
with the prosecution witnesses.
4. He shall mark his attendance in Mangaluru
South Police Station on 1st and 15th of
every month, till conclusion of the trial or
until further orders.
5. He shall not indulge himself in committing
any offence.
6. He shall appear before the trial Court on
every date of hearing without fail.
Violation of any of the above condition shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
