Citation : 2026 Latest Caselaw 1508 Kant
Judgement Date : 19 February, 2026
-1-
NC: 2026:KHC:10349
CRL.P No. 16831 of 2025
C/W CRL.P No. 17383 of 2025
CRL.P No. 17585 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 16831 OF 2025 (439(Cr.PC) /
483(BNSS))
C/W
CRIMINAL PETITION No. 17383 OF 2025
CRIMINAL PETITION No. 17585 OF 2025
IN CRL.P No. 16831/2025
BETWEEN:
1. SRI KUMARA H @ KOKKU KUMAR
AGED ABOUT 19 YEARS
S/O. LATE HUNUMANTHAPPA
R/O, NEAR MUTTU MARIYAMMA TEMPLE
4TH CROSS, HUNMATHA NAGAR
BHADRAVATHI TOWN
SHIVAMOGGA DISTRICT- 577 301.
Digitally signed by ...PETITIONER
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH (BY SRI. SUNIL KUMAR S, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
HOSAMANE POLICE STATION, BHADRAVATHI TOWN
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH
COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:10349
CRL.P No. 16831 of 2025
C/W CRL.P No. 17383 of 2025
CRL.P No. 17585 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C
(UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CR.No.91/2025
REGISTERED BY BHADRAVATHI HOSAMANE P.S., AS PER
CHARGE SHEET FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 103(1),189(2),238, 189(4),191(2),191(3),190, 54
OF BNS.
IN CRL.P No. 17383/2025
BETWEEN:
1. SRI AURN KUMAR S @ BODA
AGED ABOUT 21 YEARS
S/O. LATE SHIVANNA
R/O, NEAR VEERANJANEYA TEMPLE
HANUMANTHA NAGARA
BHADRAVATHI TOWN
SHIVAMOGGA DISTRICT- 577 301.
...PETITIONER
(BY SRI. SUNIL KUMAR S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
HOSAMANE POLICE STATION, BHADRAVATHI TOWN
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CRIME No.91/2025
REGISTERED BY BHADRAVATHI TOWN POLICE STATION, AS
PER CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER
-3-
NC: 2026:KHC:10349
CRL.P No. 16831 of 2025
C/W CRL.P No. 17383 of 2025
CRL.P No. 17585 of 2025
HC-KAR
SECTIONS 103,189(2),189(4),191(2),191(3),238,54,190 OF
BNS.
IN CRL.P No. 17585/2025
BETWEEN:
1. SRI DARSHAN @ INGLISH
AGED ABOUT 21 YEARS
S/O. ESHA, R/O, 6TH CROSS
LEFT SIDE, BHOVI COLONY
HOSAMANE EXTN, BHADRAVATHI TOWN
SHIVAMOGGA DISTRICT- 577 301.
...PETITIONER
(BY SRI. SUNIL KUMAR S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
HOSAMANE POLICE STATION, BHADRAVATHI TOWN
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CRIME No.91/2025
REGISTERED BY BHADRAVATHI TOWN POLICE STATION, AS
PER CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 103,189(2),189(4),191(2),191(3),238,54,190 OF
BNS.
THESE PETITIONS, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
-4-
NC: 2026:KHC:10349
CRL.P No. 16831 of 2025
C/W CRL.P No. 17383 of 2025
CRL.P No. 17585 of 2025
HC-KAR
ORAL ORDER
Criminal Petition No.16831/2025 is filed by accused
No.3, Criminal Petition No.17383/2025 is filed by accused
No.2 and Criminal Petition No.17585/2025 is filed by
accused No.5. All the three petitions are filed under
Section 483 of BNSS praying to grant bail in Crime
No.91/2025 of Hosamane Police Station, Bhadravathi
registered for offences punishable under Sections 103(1),
189(2), 238, 189(4), 191(2), 191(3), 190 read with
Section 54 of BNS.
2. Heard learned counsels for petitioners and
learned High Court Government Pleader for the respondent
-State.
3. Learned counsel for petitioners would contend
that there is no serious overtact alleged against the
accused Nos.2, 3 and 5. The serious overtact alleged
against accused No.1 who has assaulted the deceased with
knife on his stomach. Accused No.8 has been granted bail
NC: 2026:KHC:10349
HC-KAR
by this Court in Criminal Petition No.14503/2025 by order
dated 24.11.2025. Therefore, petitioners are entitled for
grant of bail on the ground of parity. The accusation
against accused Nos.2 and 3 is that they assaulted the
deceased with hands and allegation against accused No.5
is that he appointed the other accused to kill the
deceased. As the charge sheet is filed, petitioners are not
required for further custodial interrogation. With this, they
prayed to allow petitions.
5. Per contra, learned High Court Government
Pleader for the respondent -State would contend that
C.W.3 to C.W.9 are eyewitnesses to the incident.
Petitioners -accused Nos.2, 3 and 5 were present on the
spot at the time of the incident. The accused Nos.2 and 3
assaulted the deceased with their hands. Accused No.5
abated the other accused to assault and to kill the
deceased. With this, he prayed to dismiss the petition.
NC: 2026:KHC:10349
HC-KAR
6. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
7. This Court, while granting bail to accused No.8
by order dated 24.11.2025 passed in Criminal Petition
No.14503/2025 has observed as under:
"7. The incident has taken place on 05.05.2025 at 8.30 p.m. The accusation against accused Nos.2 to 4, 9 and petitioner No.4/accused No.8 is that, they surrounded the deceased and made him not to move from that place and assaulted him with hands and abused in filthy language. There is no serious overtact against petitioner No.4 of assaulting the deceased with weapon. The allegation of assault with knife is against accused No.1. Petitioner No.4 has also filed a complaint and it came to be registered in Crime No.92/2025 and he has also sustained injuries in the incident. Even though, petitioner No.4/accused No.8 is stated to be involved in fourteen (14) cases and the details of the same are not furnished."
Accusation against accused Nos.2 and 3 and accused
No.8 who have been granted bail is that they surrounded
NC: 2026:KHC:10349
HC-KAR
the deceased and made him not to move from that place
and assaulted him with hands and abused in filthy
language. The accusation against accused No.5 is that he
along with other accused abated the other accused to kill
the deceased. There is no serious overtact alleged against
petitioners -accused Nos.2, 3 and 5 assaulting the
deceased with deadly weapon. The said allegation of
assault with knife is against accused No.1. Considering the
said aspect, the petitioners - accused Nos. 2, 3 and 5 are
entitled for grant of bail with conditions.
8. In the result, the following
ORDER
i) All three petitions are allowed.
ii) Petitioners -accused Nos.2, 3 and 5 are granted
bail in Crime No.91/2025 of Hosamane Police
Station, Bhadravathi subject to following
conditions:
NC: 2026:KHC:10349
HC-KAR
a) Petitioners -accused Nos.2, 3 and 5 shall
execute a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only) each
with one surety for the like-sum to the
satisfaction of the jurisdictional Court.
b) Petitioners -accused Nos.2, 3 and 5 shall
not tamper the prosecution witnesses
either directly or indirectly.
c) Petitioners -accused Nos.2, 3 and 5 shall
appear before the trial Court on all dates
of hearing unless exempted by the Court
and cooperate for the speedy disposal of
case.
d) Petitioners -accused Nos.2, 3 and 5 shall
not involve in commission of any
offence. If they found involved in
commission of any offence, the
NC: 2026:KHC:10349
HC-KAR
prosecution is at liberty to seek
cancellation of bail granted to them.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP List No.: 1 Sl No.: 30 Ct.sm
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