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Udaya Balegar vs State By
2026 Latest Caselaw 1562 Kant

Citation : 2026 Latest Caselaw 1562 Kant
Judgement Date : 20 February, 2026

[Cites 4, Cited by 0]

Karnataka High Court

Udaya Balegar vs State By on 20 February, 2026

Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
                                                   -1-
                                                               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
                               -2-
                                           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

NC: 2026:KHC:10645

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.

NC: 2026:KHC:10645

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.

NC: 2026:KHC:10645

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.

NC: 2026:KHC:10645

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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