[Cites 8, Cited by 0]
Karnataka High Court
Jayashankar Alias Jocky vs State Of Karnataka on 11 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8358
CRL.P No. 16435 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16435 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. JAYASHANKAR ALIAS JOCKY
S/O LATE MANJUNATH
AGED ABOUT 22 YEARS
R/A NO.1, 1ST MAIN
3RD CROSS, NEAR AMOGA HOTEL
PREETHI NAGAR, LAGGERE
BANGALORE-560 058
2. KUSHAL S
S/O LATE SHIVAKUMAR
AGED ABOUT 20 YEARS
R/A NO.28, OPP. SANDEEP BAR
3RD MAIN, KURUBARAHALLI
BANGALORE-560 086
Digitally signed by ...PETITIONERS
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI. G. RAKESH RAJ, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
STATE OF KARNATAKA
RAJGOPALANAGAR POLICE STATION
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT COMPLEX
BENGALURU-560 001
...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)
-2-
NC: 2026:KHC:8358
CRL.P No. 16435 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE
THEM ON BAIL IN S.C.NO.1485/2025 OF CRIME NO.284/2025
REGISTERED BY RESPONDENT RAJAGOPALANAGARA POLICE
STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
109,190,103(1),351(2),351(3) AND 352 OF BNS 2023 R/W
SEC.25(1B)(b) ARMS ACT, PENDING BEFORE THE LX ADDL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-61)
BENGALURU CITY.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos. 4 and 5 under
Section 483 of the BNSS praying to grant bail in
S.C.No.1485/2025 (Crime No.284/2025 of
Rajagopalanagar Police Station), registered for offences
under Section 109, 190, 103(1), 351(2), 351(3), 352 of
BNS pending on the file of LX Additional City Civil and
Sessions Judge, Bangalore, (CCH-61).
2. Heard the learned counsel for the petitioners and
learned HCGP for respondent - State.
NC: 2026:KHC:8358
HC-KAR
3. Learned counsel for the petitioners would contend
that the MLC intimation indicates that the deceased was
admitted to the hospital with a history of RTA i.e. skid and
fall from two wheeler with a pillion rider, followed by
assault by 10 persons with rods and sharp objects. There
is no overt act alleged against the petitioners assaulting
deceased - Arun Kumar. The allegation against accused
No.4 is assaulting CW.21-Rohith with wooden reapes on
his head and body. The said Rohith has sustained two
injuries. Out of them, one is grievous and another one is
simple in nature, and he is out of danger. The statements
of CWs.4 and 21 who are eyewitnesses to the incident
does not indicate any overt act against accused No.5. As
the charge sheet is filed, the petitioners are not required
for further custodial interrogation. There are no criminal
antecedents of the petitioners. With this he prayed to
allow the petition.
4. Per contra, learned HCGP would contend that in
the alleged incident CW.21 has sustained two injuries, one
NC: 2026:KHC:8358
HC-KAR
on head and it is a grievous injury and another one is
abrasions over right knee and it is a simple injury. The
statement of CW.4 and 21 eyewitnesses indicate that the
petitioners were present on the spot at the time of the
incident and they participated in alleged crime. The CCTV
footage of the incident has been collected which indicate
the presence of the petitioners participating in alleged
crime. The charge sheet material show prima-facie case
against the petitioners for the offences alleged against
them. With this she prays to reject the petition.
5. Having heard the learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. The case of the prosecution is that on 19.07.2025
at about 10.30 p.m. accused Nos.1 to 5 and juvenile
accused stopped deceased - Arun Kumar, abused him in
filthy language, at that time, the deceased tried to escape.
At that time accused No.2 assaulted the deceased on his
head with machete and he fell down. Accused No.1 kicked
NC: 2026:KHC:8358
HC-KAR
him on his stomach, juvenile accused assaulted the
deceased with club on his head and leg. Accused
No.4/petitioner No.1 assaulted Rohith (CW.21) with
wooden reapes on his head and other parts. Accused No.3
assaulted both of them with wooden reapes on head, ear.
CW.4 went to pacify the quarrel, at that time, accused
No.1 slapped on the cheek of CW.4 with hand. At that
time, CWs.5 and 6 came to the spot and were watching
the quarrel and accused No.1 and his friends went to
assault them and they ran away.
7. Considering the above aspects, the overt act
alleged against petitioner No.1/accused No.4 is assault
with wooden reapes on the head and body of CW.21 -
Rohith. CW.4 and CW.21 have stated regarding the said
overt act of petitioner No.1/accused No.4 in their
statements. The wound certificate of Rohit indicates that
he has sustained two injuries. Out of them, injury No.1 on
his head is grievous in nature and he has sustained
multiple small abrasions over his right knee, which is
NC: 2026:KHC:8358
HC-KAR
simple injury. The said CW.21 has been discharged from
the hospital and he is out of danger.
8. Petitioner No.2/accused No.5 even though were
stated to be present on the spot, but no overt act is
alleged against him. Considering the same, he is entitled
for grant of bail. As the charge sheet is filed, the
petitioners are not required for further custodial
interrogation. There are no criminal antecedents of the
petitioners. The petitioners have undertaken to appear
before the trial Court and abide by any conditions to be
imposed by this Court.
9. Considering the above aspects, the petitioners
have made out case for grant of bail with conditions. In
the result, the following:
ORDER
The petition is allowed. The petitioners are granted
bail in S.C.No.1485/2025 (Crime No.284/2025 of
Rajagopalanagar Police Station), pending on the file of LX
NC: 2026:KHC:8358
HC-KAR
Additional City Civil and Sessions Judge, Bangalore, (CCH-
61), subject to following conditions:
(i) Petitioners shall execute a personal bond
for a sum of Rs.1,00,000/- each, with
one surety for the like-sum to the
satisfaction of the trial Court.
(ii) Petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) Petitioners 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
DKB
List No.: 1 Sl No.: 59
