[Cites 12, Cited by 0]

Karnataka High Court

Sri Jagdeesh vs State Of Karnataka on 13 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                 -1-
                                                             NC: 2026:KHC:8941
                                                       CRL.P No. 16198 of 2025
                                                   C/W CRL.P No. 16231 of 2025
                                                         CRL.P No. 192 of 2026
                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 13TH DAY OF FEBRUARY, 2026

                                              BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                       CRIMINAL PETITION NO. 16198 OF 2025 (439(Cr.PC) /
                                         483(BNSS))
                                             C/W
                             CRIMINAL PETITION NO. 16231 OF 2025
                              CRIMINAL PETITION NO. 192 OF 2026

                      IN CRL.P No. 16198/2025

                      BETWEEN:

                      1.    SRI. JAGDEESH
                            S/O MURUGESHAPPA
                            AGED ABOUT 38 YEARS
                            R/AT KOPPADAKERI
                            KALMANE VILLAGE
                            SHIKARIPURA TALUK
                            SHIVAMOGGA DISTRICT-577 214

                      2.    SRI. DINESH
                            S/O PERUMAL
Digitally signed by
LAKSHMINARAYANA             AGED ABOUT 23 YEARS
MURTHY RAJASHRI
Location: HIGH
                            R/AT SELVAMANTHAM
COURT OF                    KANNAMANGALA POST
KARNATAKA
                            VELLURU TALUK AND DISTRICT
                            TAMIL NADU
                                                                ...PETITIONERS
                      (BY SRI. A.N. RADHAKRISHNA, ADVCATE FOR
                          SMT. SUMA HIREBIDARI, ADVOCATE)

                      AND:

                      STATE OF KARNATAKA
                      BY SHIKARIPURA RURAL PS.
                           -2-
                                        NC: 2026:KHC:8941
                                  CRL.P No. 16198 of 2025
                              C/W CRL.P No. 16231 of 2025
                                    CRL.P No. 192 of 2026
HC-KAR




REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560001
                                           ...RESPONDENT
(BY SMT. WAHEEDA M.M, HCGP)

     THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE
PETITIONERS/ACCUSED    NOs.5    AND   7   ON  BAIL   IN
CR.NO.310/2025 DTD 25.10.2025 REGISTERED BY THE
SHIKARIPURA RURAL P.S., FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 189(2), 191(2), 191(3), 352, 109, 118(1),
115(2),351(3),190 OF BNS, 2023, PENDING ON THE FILE OF
THE CIVIL JUDGE AND JMFC, AT SHIKARIPURA.


IN CRL.P NO. 16231/2025

BETWEEN:

SRI. YUVARAJ
S/O RAVI
AGED ABOUT 45 YEARS
R/O CHOUDESHWARI BEEDI
CHOUDIHALLI, KALMANE VILLAGE
SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT-577 214
                                         ...PETITIONER

(BY SRI. A.N. RADHAKRISHNA, ADVCATE FOR
    SMT. SUMA HIREBIDARI, ADVOCATE)

AND:

STATE OF KARNATAKA
BY SHIKARIPURA RURAL PS
REPRESENTED BY
STATE PUBLIC PROSECUTOR
                             -3-
                                          NC: 2026:KHC:8941
                                  CRL.P No. 16198 of 2025
                              C/W CRL.P No. 16231 of 2025
                                    CRL.P No. 192 of 2026
HC-KAR




HIGH COURT COMPLEX
BENGALURU-560 001
                                         ...RESPONDENT

(BY SMT. WAHEEDA M.M, HCGP)

    THIS CRL.P IS FILED UNDER SECTION 438 CR.PC
(FILED UNDER SECTIONS 482 OF BNSS) PRAYING TO
ENLARGE THE PETITIONER ON ANTICIPATORY BAIL AT
EVENT OF HIS ARREST IN CR.NO.310/2025, IN
SHIKARIPURA RURAL P.S., DATED 25.10.2025, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2),
191(3), 352, 126(2), 109, 118(1), 115(2), 351(3) AND 190
OF THE BNS 2023 PENDING ON THE PRL. CIVIL JUDGE AND
JMFC, SHIKARIPURA OF THE RESPONDENT POLICE ON THE
COMPLAINT OF THE DEFACTO COMPLAINANT.

IN CRL.P NO. 192/2026

BETWEEN:

1.   SRI. HALESH M
     S/O MURUGESHI
     AGED ABOUT 34 YEARS
     R/AT KOPPADAKERI
     KALMANE VILLAGE
     SHIKARIPURA TALUK
     SHIVAMOGGA DISTRICT-577 214

2.   SRI. GOVINDARAJU M
     S/O MURUGESHAPPA
     AGED ABOUT 30 YEARS
     R/AT KOPPADAKERI
     KALMANE VILLAGE
     SHIKARIPURA TALUK
     SHIVAMOGGA DISTRICT-577 214

3.   SRI. VENKATESH K.M
     S/O MURUGESHAPPA
     AGED ABOUT 31 YEARS
                            -4-
                                        NC: 2026:KHC:8941
                                  CRL.P No. 16198 of 2025
                              C/W CRL.P No. 16231 of 2025
                                    CRL.P No. 192 of 2026
HC-KAR




     R/AT #33, KOPPADAKERI
     KALMANE VILLAGE
     SHIKARIPURA TALUK
     SHIVAMOGGA DISTRICT-577 214

4.   SRI. JAYASURYA A
     S/O ELUMALAI
     AGED ABOUT 25 YEARS
     R/AT KOPPADAKERI
     KALMANE VILLAGE
     SHIKARIPURA TALUK
     SHIVAMOGGA DISTRICT-577 214

5.   SRI. SAMPATH
     S/O SUBRAMANI
     AGED ABOUT 31 YEARS
     R/AT KOPPADAKERI
     KALMANE VILLAGE
     SHIKARIPURA TALUK
     SHIVAMOGGA DISTRICT-577 214
                                       ...PETITIONERS

(BY SRI. A.N. RADHAKRISHNA, ADVCATE FOR
    SMT. SUMA HIREBIDARI, ADVOCATE)

AND:

STATE OF KARNATAKA
BY SHIKARIPURA RURAL PS.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560 001
                                       ...RESPONDENT

(BY SMT. WAHEEDA M.M, HCGP)

     THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC
(FILED UNDER SECTION 483 BNSS) TO ENLARGE THE
                             -5-
                                          NC: 2026:KHC:8941
                                  CRL.P No. 16198 of 2025
                              C/W CRL.P No. 16231 of 2025
                                    CRL.P No. 192 of 2026
HC-KAR




PETITIONERS /ACCUSED NO. NO.3,4,6,8 AND 9 ON BAIL IN
CRIME NO.310/2025, DATED 25.10.2025 REGISTERED BY
THE SHIKARIPURA RURAL POLICE FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTION 109,115(2),
118(1), 126(2), 189(2), 191(2), 191(3), 351(3), 352 R/W,
SECTION 190 OF BNS,2023 PENDING ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN) AND JMFC AT SHIKARIPURA.


     THESE PETITIONS, COMING ON FOR ORDERS,            THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                       ORAL ORDER

Criminal Petition No.16198/2025 is filed by accused

Nos. 5 and 7 under Section 483 of the BNSS, Criminal

Petition No.16231/2025 is filed by accused No.11 under

Section 482 of the BNSS and Criminal Petition

No.192/2026 is filed by accused Nos.3,4,6,8 and 9 under

Section 483 of the BNSS. All three petitions are filed

seeking bail/anticipatory bail in Crime No.310/2025 of

Shikaripura Rural Police Station registered for offences

under Sections 189(2), 191(2), 191(3), 352, 126(2), 109,

118(1), 115(2), 351(3) and 190 of BNS.

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2. Heard learned counsel for petitioners and

learned High Court Government Pleader for the respondent

-State.

3. Learned counsel for petitioners would contend

that the serious overtact of assault on the head of C.W.1 is

by accused Nos.1 and 2. Overtact alleged against

petitioners is not an vital part. The weapons have been

seized found on the spot under mahazar. There is civil

dispute between accused persons and C.W.1 to C.W.3 with

regard to landed property. As the charge sheet is filed, the

petitioners are not required for further custodial

interrogation/custodial interrogation. With these, he prays

allow petitions.

4. Per contra, learned High Court Government

Pleader for the respondent -State would contend that

there was civil dispute between the petitioners and the

C.W.1 to 3. The wound certificate of C.W.1 to 3 indicates

that they have sustained severe injury. The FSL report

indicates that the weapons seized from the spot are blood-

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stained. Eye witnesses have stated overtact of each of

petitioners assaulting C.W.1 to C.W.3. The charge sheet

materials show prima facie case against the petitioners for

offences alleged against them. With this, she 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 column No.17 of the charge sheet, on

24.10.2025 at about 10.00 p.m., accused Nos.1 to 10 and

juvenile -accused-Yashwant formed an lawful assembly

and they were holding deadly weapons. Accused Nos.1

and 2 stopped the bike of C.W.18, accused No.1 abused

C.W.1 in filthy words. Accused No.1 assaulted C.W.1 with

Kandli on his head. Accused No.1 took the said Kandli from

accused No.1 and assaulted C.W.1 on the back of his head

and C.W.1 fell down. At that time, accused No.3 took the

club from that place and assaulted C.W.1 on his back,

accused No.5 assaulted C.W.1 on his face with hands.

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Accused Nos.6 to 8 assaulted C.W.1 with club on his body.

Accused No.9 and juvenile kicked C.W.1 on his waist, back

and chest. Accused No.11 assaulted C.W.1 with club on his

body. At that time, C.W.2 and C.W.4 went to pacify the

quarrel. At that time, accused No.4 assaulted C.W.2 with

milk can on his waist and back. On hearing the sound of

galata, C.W.3 came to the spot. At that time, accused

No.1 assaulted him with club on his shoulder, hands, body,

and caused injuries.

7. Petitioners in all three petitions are accused

Nos.3 to 9 and 11. The wound certificate of C.W.1

indicates that he has sustained five cut lacerated wound

on parietal and occipital region and one injury on his left

knee and it is abrasion. The allegation of assault on the

head on C.W.1 is by accused Nos.1 and 2. Overtact

alleged against accused Nos.3, 5 and 6 to 8 is assault on

back, leg, face and body. There are no corresponding

injuries found on C.W.1. C.W.2 has sustained four

abrasions on right leg, lower back, and lower abdomen,

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and they are stated to be simple injuries. C.W.2 is stated

to have been assaulted by accused No.4 with milk can on

his waist and back and they are not vital parts. C.W.3 has

sustained five injuries. The allegation of assault on C.W.2

is by accused No.4. Considering the above aspects, there

are no serious overtacts alleged against these petitioners

assaulting injured persons on vital parts. The assault on

vital parts is alleged against accused Nos.1 and 2. There is

civil dispute between accused Nos.1 and 2 and C.W.1 to

C.W.3. There was earlier case registered against C.W.1 to

C.W.3 in Crime No.182 of 2023 of Shikaripura Rural Police

Station. There are no criminal antecedents of petitioners.

Petitioner Nos.3 to 9 are in judicial custody and as the

charge sheet is filed, they are not required for further

custodial interrogation. Considering the above aspects, the

petitioners have made out case for grant of

bail/anticipatory bail with conditions.

8. In the result, the following

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NC: 2026:KHC:8941

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ORDER

i) All the three petitions are allowed.

ii) Accused Nos.3 to 9 are granted bail and

accused No.11 is granted anticipatory bail in

Crime No.310/2025 of Shikaripura Rural Police

Station subject to following conditions:

a) Petitioners -accused Nos.3 to 9 shall execute

a bail bond for a sum of Rs.1,00,000/- each

with one surety for the like sum to the

satisfaction of the Jurisdictional Court.

b) Petitioner -accused No.11 shall appear

before the jurisdictional Court within 15 days

from this day and execute a bail bond for a

sum of Rs.1,00,000/- with one surety for the

like sum to the satisfaction of the

jurisdictional Court.

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c) Petitioners -accused Nos.3 to 9 and 11 shall

not tamper the prosecution witnesses either

directly or indirectly.

d) Petitioners -accused Nos.3 to 9 and 11 shall

appear before the trial Court on all dates of

hearing unless exempted and cooperate for

speedy disposal of the case.

e) Petitioners -accused Nos.3 to 9 and 11 shall

not involve in commission of any offence. If