Citation : 2026 Latest Caselaw 1091 Kant
Judgement Date : 10 February, 2026
-1-
NC: 2026:KHC:7879
CRL.P No. 47 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 47 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. SRIKANTHA G.K
S/O KEMPEGOWDA
AGED ABOUT 35 YEARS
RESIDING AT KABBALI VILLAGE
HIRISAVE HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT-573 116
...PETITIONER
(BY SRI. FAYAZ SAB B.G, ADVOCATE)
AND:
THE STATE OF KARNATAKA
S.H.O, KUDUR POLICE STATION
Digitally signed by
LAKSHMINARAYANA
MAGADI SUB DIVISION
MURTHY RAJASHRI
Location: HIGH
BENGALURU SOUTH DISTRICT
COURT OF
KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNNS) PRAYING TO ENLARGE
HIM ON REGULAR BAIL IN CRIME NO.0287/2025 REGISTERED
BY THE RESPONDENT KUDUR POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 118(1), 109, 49,
-2-
NC: 2026:KHC:7879
CRL.P No. 47 of 2026
HC-KAR
61(1) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE
I ADDL.CIVIL JUDGE AND JMFC COURT, MAGADI,
RAMANAGARA DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.3 under Section
483 of BNS is praying to grant bail in Crime No.287/2025
of Kudur Police Station registered for offences punishable
under Sections 118(1), 109, 49, 61(1) read with Section
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 there was civil dispute between accused No.1
and defacto complainant in O.S.No.309/2024 and
temporary injunction has been granted in the said suit on
14.10.2025 restraining the defacto complainant and others
from interfering in possession of the plaintiffs over the suit
NC: 2026:KHC:7879
HC-KAR
properties. The injured has been discharged from the
hospital and he is out of danger. The investigation is over
and charge sheet has been filed and therefore, the
petitioner is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. With this, he prays to allow the petition.
4. Per contra, learned High Court Government
Pleader for the respondent -State would contend that the
vehicle which was used to dash C.W.2 is in the name of
this petitioner. C.W.2 and 3 are injured and C.W.4 and
C.W.6 are eyewitnesses to the incident. The eyewitnesses
have specifically stated the acts of this petitioner, dashing
the Bolero vehicle towards C.W.2 in order to kill him. The
charge sheet materials show prima facie case against the
petitioner for offences alleged against him. The wound
certificate indicates that C.W.2 has sustained grievous
injury. With this, he prayed to reject the petition.
NC: 2026:KHC:7879
HC-KAR
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. As per charge sheet, the case of the
prosecution is that there was civil dispute with regard to
agricultural land between accused Nos.1 and 2 and C.W.2.
Accused Nos.1 and 2 with accused Nos.3 and 4 have
planned to kill C.W.2. In furtherance of the said plan,
accused Nos.3 and 4 drove Bolero vehicle bearing No.KA -
34 M -2227 by removing its number plate and dashed to
C.W.2's -two wheeler. He fell down and sustained severe
injuries. On seeing the said incident, C.W.3 to C.W.6 were
given water to C.W.2. At that time, again accused Nos.3
and 4 in the said Bolero vehicle came in high speed and
stating that he is not yet died, tried to run over the said
vehicle on C.W.2 and when C.W.3 and C.W.4 have saved
C.W.2, in that aspect, C.W.3 has sustained injury to his
left toe. Accused Nos.1 and 2 stated to have been granted
bail by the Sessions Court. The copy of the plaint indicates
NC: 2026:KHC:7879
HC-KAR
that there is civil dispute between accused No.1 and
defacto complainant. The wound certificate indicates that
the C.W.2 has sustained grievous injury and has been
discharged from the hospital and out of danger. C.W.3 to
C.W.6 are eyewitnesses to the incident and C.W.2 and
C.W.3 are injured. As the charge sheet is filed, the
petitioner is not required for further custodial
interrogation. There are no criminal antecedents of the
petitioner. The petitioner is undertaken to appear before
the trial Court on all dates of hearing and abide by any
conditions to be imposed by this Court. Considering the
above aspect, the petitioner has made out case for grant
of bail with conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
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HC-KAR
ii) The petitioner is granted bail in Crime
No.287/2025 of Kudur Police Station subject to
following conditions:
a) The petitioner -accused No.3 shall execute a
bail bond for a sum of Rs.1,00,000/- with
one surety for the likesum to the satisfaction
of the jurisdictional Court.
b) The petitioner -accused No.3 shall not
tamper the prosecution witnesses either
directly or indirectly.
c) The petitioner -accused No.3 shall attend the
trial court on all dates of hearing unless
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 38
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