[Cites 9, Cited by 0]
Karnataka High Court
Sri Bharath @ Sahukar vs The State By on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8655
CRL.P No. 10023 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 10023 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. BHARATH @ SAHUKAR
S/O SURESH
AGED ABOUT 26 YEARS
R/O NO.313, 5TH CROSS
SWARNASANDRA
MANDYA- 571 401
...PETITIONER
(BY SRI. CHETHAN B, ADVOCATE)
AND:
THE STATE BY
MANDYA EAST POLICE STATION
MANDYA-571 401
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY
MURTHY RAJASHRI
Location: HIGH
STATE PUBLIC PROSECUTOR
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA
BANGALORE-560 001
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C.
(FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN S.C.NO.05/2025
(CR.NO.50/2024) REGISTERED BY THE RESPONDENT MANDYA
EAST POLICE MANDYA FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 324, 307, 302, 212, 504, 34
-2-
NC: 2026:KHC:8655
CRL.P No. 10023 of 2025
HC-KAR
OF THE I.P.C, ON THE FILE OF THE II ADDL. DISTRICT AND
SESSION COURT AT MANDYA.
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 the petitioner -accused No.1
under Section 483 of BNSS praying to grant bail in
S.C.No.5/2025 arising out of Crime No.50/2024 of Mandya
East Police Station registered for offences punishable
under Sections 324, 307, 302, 212, 504, 34 IPC pending
on the file of II Additional District and Sessions Court,
Mandya.
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 trial has been commenced and C.W.1 to
C.W.7 have been examined as P.W.1 to P.W.7. C.W.3 to
C.W.6 have been examined who are stated to be
NC: 2026:KHC:8655
HC-KAR
eyewitnesses have not supported the case of the
prosecution. FIR has been registered against accused Nos.
1, 2, Manu and four others. The said complaint has been
filed on the basis of the statement given by C.W.2 -injured
who is eye witness to the incident and brother of the
deceased. The said Manoj has not been charge sheeted.
The C.W.2 is also having criminal antecedents and
involved in several cases in Mandya. Even though the
incident has taken place on 09.04.2024, the statement of
C.W.2 has been recorded on 26.05.2024 and there is
delay in recording the said statement. Material witnesses
have been examined. Considering the said aspect, the
petitioner is entitled for grant of bail. With this, he prays
to allow the petition.
4. Per contra, learned High Court Government
Pleader for the respondent -State would contend that
C.W.2 is injured eye witness. He has specifically stated the
acts of this petitioner assaulting the deceased with deadly
weapon. The post mortem report indicates that cause of
NC: 2026:KHC:8655
HC-KAR
death is due to head injury. The assault by this petitioner
-accused No.1 is with deadly weapon on the head of the
deceased. C.W.2 who has sustained severe injuries took
treatment in the hospital and after discharge, his
statement has been recorded. C.W.2 has been examined
as P.W.2 and he has supported the case of the
prosecution. The prosecution has to examine remaining
witnesses. If the petitioner is granted bail, there are
chances of him threatening the other witnesses and flee
from justice. Offence alleged against the petitioner is
punishable with death or imprisonment for life. With this,
he prayed to reject the petition.
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 deceased -Akshay Gowda and
complainant -Abishek Gowda have assaulted accused No.1
and his brother Rohith and in that regard the case has
NC: 2026:KHC:8655
HC-KAR
been registered in Crime No.40/2023 in Mandya East
Police Station for offence punishable under Section 307 of
IPC and other offences. In that regard, accused No.1 had
grudge against the deceased-Akshay Gowda. That on
09.04.2024 at about 11.20 p.m., accused No.1 assaulted
with long chopper on the head of the deceased -Akshay
Gowda and deceased fell on the ground and accused No.2
assaulted C.W.2 with long chopper on his left side of face
and chest and caused severe injuries.
7. Serious overtacts alleged against petitioner -
accused No.1, assaulting the deceased with long chopper
on his head. The post mortem report indicates that the
cause of death of the deceased is due to head injury
sustained. Accused No.2 who has been granted bail is not
alleged of assaulting the deceased and allegation against
him is assaulting C.W.2 -injured. Merely because C.W.3 to
C.W.7 who are eyewitnesses have not supported the case
of the prosecution is not ground for grant of bail. The
prosecution has to examine the other witnesses. P.W.2 -
NC: 2026:KHC:8655
HC-KAR
C.W.2 is injured has supported the case of the
prosecution. The offence alleged against the petitioner is
heinous offence punishable with death or imprisonment for
life. If the petitioner is granted bail, there are chances of
he tampering the other prosecution witnesses and flee
from justice.
8. Considering the above aspects, the petitioner
has not made out any grounds for grant of bail and in the
result of petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 2 Sl No.: 1
