[Cites 10, Cited by 0]
Karnataka High Court
Sri Rajesh @ Rakesh vs State Of Karnataka on 12 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8725
CRL.P No. 12995 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. 12995 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. RAJESH @ RAKESH
S/O LATE SRI. CHINNA
AGED ABOUT 21 YEARS
R/AT S.T.BLOCK, OORGAUM POST
KOLAR GOLD FIELDS-563 120
...PETITIONER
(BY SRI. PATTABI RAMAN C, ADVOCATE)
AND:
STATE OF KARNATAKA
BY OORGAUM POLICE
KOLAR GOLD FIELDS-563 117
...RESPONDENT
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI. M.R. PATIL, HCGP)
Location: HIGH
COURT OF
KARNATAKA THIS CRL.P IS FILED UNDER SECTIONS 439 OF CR.P.C
(FILED UNDER SECTIONS 483 OF BNNS) PRAYING TO ALLOW
THE PETITION BY RELEASING THE PETITIONER / ACCUSED
NO.5 IN CR.NO.48/2025 FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 189(2),115(2),132,121(1),109,352,351(2)
R/W 190 OF BNS 2023 REGISTERED BY THE OORGAUM POLICE
KOLAR GOLD FIELDS PENDING BEFORE THE LEARNED
ADDL.CIVIL JUDGE AND J.M.F.C AT K.G.F.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC:8725
CRL.P No. 12995 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.5 under Section
483 of BNSS praying to grant bail in Crime No.48/2025 of
Oorgaum Police Station, for the offence punishable under
Sections 189(2), 115(2), 132, 121(1), 109, 352, 351(2),
and 190 of BNS.
2. Heard learned counsel for the petitioner and the
learned High Court Government Pleader for respondent.
3. Learned counsel for petitioner would contend
that, accused Nos.2, 3 and 6 were granted bail by this
Court by order dated 03.11.2025 in Crl.P.No.12702/2025.
The petitioner is also placed similar to that of accused
Nos.2, 3 and 6 who are granted bail and therefore, he is
entitled for grant of bail on the ground of parity. The
allegation against the petitioner is assaulting the
complainant and another with hands. Now the charge
sheet has been filed and therefore, the petitioner is not
NC: 2026:KHC:8725
HC-KAR
required for further custodial interrogation. There are no
criminal antecedents of the petitioner. With this he prayed
to allow the petition.
4. Per contra, learned High Court Government
Pleader would contend that the petitioners alleged to have
assaulted police constable and obstructed them when they
were on duty to secure accused No.1, who has violated the
order of externment. The first informant, Ramesh has
sustained four injuries and another person Ashok has
sustained three injuries and out of the same one injury is
said to be grievous in nature. If the petitioner is granted
bail, he will threaten the complainant and other
prosecution witnesses. With these, he prayed to reject the
petition.
5. Having heard the learned counsels appearing for
the parties, this Court has perused the FIR, complaint and
other materials placed on record.
NC: 2026:KHC:8725
HC-KAR
6. This Court in the order dated 03.11.2025 passed
in Crl.P.No.12702/2025 while granting bail to accused
Nos.2, 3 and 6 has observed as under:
6. It is the case of the prosecution that the first
informant Ramesh and Ashok who are police
constables were on duty on 08.08.2025 to secure
accused No.1 who violated order of externment. At
that time, the said accused No.1 and the petitioners
who are accused Nos.2, 3 and 6 and other accused
persons assaulted the said two police constables who
were on duty and obstructed them from discharging
their duties and attempted to kill the said Ramesh.
The petitioners were arrested on 21.08.2025 and they
are in judicial custody. Charge sheet has been filed
and therefore petitioners are not required for further
custodial interrogation. Ramesh has sustained 4
simple injuries and Ashok has sustained 3 injuries, and
out of that 1 injury is grevious in nature. Whether the
petitioners have attempted to kill the injured is the
matter of trial. The petitioners are women and there
are no criminal antecedents of the petitioners.
7. The allegation against accused Nos. 2, 3 and 6 is
assault to the complainant and another with hands and
NC: 2026:KHC:8725
HC-KAR
obstructed them from discharging their duties and
attempted to kill the said Ramesh. The allegations against
petitioner is also similar to allegations of accused Nos.2, 3
and 6. The petitioner has been arrested on 14.08.2025.
As the charge sheet is filed, he is not required for further
custodial interrogation. Whether the petitioner and other
accused attempted to kill the injured is a matter of trial.
The petitioner has no criminal antecedents. The petitioner
has undertaken to appear before the trial Court and abide
by any conditions to be imposed by this Court.
8. Considering all these aspects, the petitioner has
made out case for grant of the bail with conditions. In the
result, the following:
ORDER
The criminal petition is allowed. The petitioner is
granted bail in Crime No.48/2025 of Oorgaum police
station, subject to following conditions:
NC: 2026:KHC:8725
HC-KAR
i) The petitioner shall execute a personal bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with one surety for the likesum
to the satisfaction of the Trial Court.
ii) The petitioner shall not tamper the
prosecution witnesses, either directly or
indirectly.
iii) The petitioner shall appear before the Trial
Court on all the dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 2 Sl No.: 5
