Citation : 2026 Latest Caselaw 1562 Kant
Judgement Date : 20 February, 2026
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NC: 2026:KHC:10645
CRL.P No. 55 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 55 OF 2026
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
UDAYA BALEGAR
S/O. LATE CHANDRA BALEGAR,
AGED ABOUT 41 YEARS,
R/AT D. NO.1/129, NOOJA,
BANDRADI, BELLAL VILLAGE,
MOODUMUNDA POST,
KUNDAPURA TALUK,
UDUPI - 576 201.
...PETITIONER
(BY SRI. K.PRASANNA SHETTY, ADVOCATE)
AND:
STATE BY
MANGALORE NORTH P.S.
Digitally signed by
LAKSHMINARAYANA REPRESENTED BY STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
Location: HIGH
HIGH COURT OF KARNATAKA,
COURT OF BANGALORE - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN C.C.NO.4560/2025 REGISTERED BY
RESPONDENT POLICE, PENDING ON THE FILE OF JMFC 2ND
COURT, MANGALURU IN CRIME NO.100/2025 FOR THE
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NC: 2026:KHC:10645
CRL.P No. 55 of 2026
HC-KAR
OFFENCE PUNISHABLE UNDER SECTIONS 118(1), 118(2) AND
109 OF BNS, 2023.
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 sole accused under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.100/2025 of Mangalore North
Police Station, pending in C.C.No.4560/2025 on the file of
JMFC-II Court, Mangalore, registered for offences
punishable under Sections 118(1), 118(2) and 109 of
Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the investigation is over and charge sheet has been
filed and therefore the petitioner is not required for further
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HC-KAR
custodial interrogation. The offence alleged against
petitioner is not punishable with death or imprisonment for
life. The injured sustained five (5) injuries and out of
them, one (1) injury is grievous injury and the injured who
has admitted on 28.08.2025 has been discharged on
01.09.2025 and he is out of danger. The petitioner is only
the bread earner of the family and there are no criminal
antecedents of the petitioner. With these, he prayed to
allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the alleged act
of the petitioner has caused five (5) injuries on C.W.2, the
weapon used is knife. The injuries are on the chest and
stomach. The charge sheet materials show that, there is a
prima-facie case against the petitioner. There are eye
witnesses to the incident. With these, he prayed for
dismissal of the petition.
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HC-KAR
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. Earlier the petitioner had approached this Court
in Criminal Petition No.14254/2025 praying grant of bail
and it came to be rejected on the ground that the
investigation is in progress. Now the investigation is over
and charge sheet has been filed. The petitioner is in
judicial custody since 28.08.2025. The wound certificate
indicates that the injured has sustained five (5) injuries
and out of them, one (1) injury on his chest is stated to be
grievous injury. The injured C.W.2 has been admitted in
the hospital on 28.08.2025 and he has been discharged on
01.09.2025. The injured is now stated to be out of danger.
As the charge sheet is filed, the petitioner is not required
for further custodial interrogation. The petitioner is stated
to be sole bread earner of the family. There are no
criminal antecedents of the petitioner.
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HC-KAR
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.100/2025 of Mangalore North
Police Station, pending in C.C.No.4560/2025 on the file of
JMFC-II Court, Mangalore, subject to following conditions:
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 like-sum to the satisfaction of the Jurisdictional 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 dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
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HC-KAR
iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 42
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