[Cites 8, Cited by 0]
Karnataka High Court
Roopesh vs State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10895
CRL.P No. 332 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 332 OF 2026
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
ROOPESH
S/O. MUNIYAPPA
AGED ABOUT 26 YEARS,
R/AT. 5TH CROSS, NEAR JANANI STUDIO,
SRINIVAGILU,
BENGALURU - 560 095.
...PETITIONER
(BY SRI. HARISH SHIRALAKOPPA ADVOCATE FOR
SRI. PREMA KUMAR G.A., ADVOCATE)
AND:
STATE OF KARNATAKA
BY VIVEK NAGARA POLICE,
REPRESENTED BY SPP,
HIGH COURT-COMPLEX,
Digitally signed by
LAKSHMINARAYANA BANGALORE - 560 001.
MURTHY RAJASHRI
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S
483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CRIME
NO.226/2025 OF VIVEK NAGAR POLICE STATION, PENDING
BEFORE THE XXIX ADDITIONAL CHIEF JUDICAIAL MAGISTRATE
COURT, MAYO HALL UNIT AT BENGALURU, FOR THE OFFENCES
-2-
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CRL.P No. 332 of 2026
HC-KAR
PUNISHABLE UNDER SECTIONS 109, 115(2), 126(2), 351(2),
352 AND 3(5) OF BNS.
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 accused No.2 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.226/2025 of Viveknagar Police
Station registered for offences punishable under Sections
109, 115(2), 126(2), 351(2), 352 and 3(5) 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, there is no overt act of assault is alleged against the
petitioner. The said overt act is alleged against the
accused No.1 who stated to have assaulted the injured. At
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that time, this petitioner stated to have held the injured.
The investigation is over. Therefore the petitioner is not
required for further custodial interrogation. With these, he
prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, this petitioner
has facilitated the accused No.1 by holding the injured to
assault him with a knife. The charge sheet materials show
that, there is a prima-facie case against the petitioner for
offences alleged against him. With these, he prayed for
dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. As per averments of the complaint, accused
No.1 went to the petrol bunk and after getting filled the
petrol, he refused to pay Rs.50/- and subsequently when
the injured came there and on insistence he paid Rs.50/-
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through some other person by UPI payment and went
away. Thereafter, accused No.1 came to the petrol bunk
along with another i.e., accused No.2 entered the cash
counter room, dashed to the head of the injured and at
that time, one Shashi the co-worker tried to rescue him
and at that time the petitioner/accused No.2 held the
injured and accused No.1 assaulted him with knife on his
neck and caused injury and both ran away from the spot.
Considering the said aspect, there is no allegation of
assault by this petitioner. The investigation is over and
charge sheet has been filed and therefore, the petitioner is
not required for further custodial interrogation. The
petitioner is in judicial custody since 11.12.2025. There
are no criminal antecedents of the petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
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ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.226/2025 of Viveknagar Police
Station, 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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 29
